Transfer Power of attorney of disputed piece of land

tarun (Querist) 03 August 2011 This query is : Resolved
My grandfather in the presence of two witnesses has transferred a piece of land to my father in 1989. We have all the papers and the 2 witnesses are still alive. Now my uncle (my father' elder brother) has filed a case (in 2008) in court saying that my father had put someone else in front of lawyer and forged the signatures.

Now a property agent wants us to transfer power of attorney to him and take some healthy amount from him and he will bear all consequences of the decision of court.

So can we do this legally? Or do we need to inform court before giving power of attorney? Please advice.

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tarun (Querist) 03 August 2011
Please advice

Advocate Rajkumarlaxman (Expert) 03 August 2011
POwer of attorney can be given to him including the clause that he will attend the court and will be present for the court proceedings and will bear all the costs and consequences of the case which has been filed by your uncle and further more if any dispute arises and cases have been filed regarding the property in question. the same POA has to be given to court also. Make two original copies one to be sugbmitted to court and other to the agent

prabhakar singh (Expert) 03 August 2011
Expert : Advocate Rajkumarlaxman is right

jayeshmankodi (Expert) 03 August 2011
Advocate Rajkumarlaxman is right
jayesh mankodi

R.Ramachandran (Expert) 03 August 2011
Dear Mr. Tarun,
Please indicate whether the said property has been duly transferred in the name of your father in the Registrar's office records or not.
In other words, whether the property is in the name of your father or still in the name of your grand father?

K.S.Srinivas (Expert) 03 August 2011
I agree with Mr.Ramachandran. If you give answers to Mr.Ramachandran's questions, you may be able to get right reply.

tarun (Querist) 04 August 2011
Hello Mr. R.Ramachandran ,

The said property is in the name of my father. We have the original copy of all relevant documents including one signed by the Tehsildar(Patwari). We also find other relevant documents from court records after paying fees.

My uncle is concerned with that it should be divided between him and other brothers.

tarun (Querist) 04 August 2011
Also the agent gave us a format for POA in which apart of property details , case no, and he will bear all consequences , he has mentioned that we have received some amount as advance and rest will be received by some date otherwise the advance will be forfeited. Is this legal to mention money details in POA ?

R.Ramachandran (Expert) 04 August 2011
Instead of POA you can even give a Registered Sale Deed (putting all the conditions in your favour so that even if the court case goes against you (which will not go against you in the facts and circumstances mentioned by you) you will not be losing anything, but the buyer who buys the property from you knowing that the matter is under dispute will only suffer. But the documents have to be written very carefully. Consult a lawyer, get the documents property drafted. So take care. We do not know where you are located.