Notarised poa in uttar pradesh
Querist :
Anonymous
(Querist) 31 August 2011
This query is : Resolved
Hi,
Any expert in local property laws of Uttar Pradesh?? My question is that a sale deed was executed using a notarised POA by me as part of a partition of family property. The partition was verbal and the other co owners issued me a notarised POA using which I registered the land in my name.
My question is:
1. Is this a valid deed.
2. Can it be challenged now?? I mean is a civil suit barred by limitation in this case. The POA is dated 1997 and the deed was carried out in 2001.
R.Ramachandran
(Expert) 31 August 2011
A sale of immovable property cannot be effected on the basis of a Notorised POA. The POA ought to have been registered.
If the sale deed was not executed on proper authority (i.e. through Registered POA) the same can be challenged. A civil suit is not barred by limitation in the instant case.
Raj Kumar Makkad
(Expert) 31 August 2011
I completely agree with expert R. Ramachandran.
Querist :
Anonymous
(Querist) 31 August 2011
Thank you sir. It seems I was not aware nor advised of this fact when registering. My lawyer told me that in Uttar Pradesh notarised POA was valid till 1997.
Few more facts about the property:
I have actually been living on the said property since 1985 and it is in under my possession since then. My name was also as a co owner in the title. Also, I had paid the other previous co owners who were my brothers and mother to get the aforesaid notarised POA in return.My mother has expired but I have a memorandum signed by her stating that they had received the money and also that the other brother had received it. But the brother has not signed it. What can be my defence if that brother now challenges the deed in court. Is there any way for me to defend it successfully.
Basically I now feel tricked. Also there is no record available of how my brothers had their name in the title.
Your expert advise is greatly needed and appreciated.
Raj Kumar Makkad
(Expert) 31 August 2011
As the family partition had taken place prior to your sale so the names of your brothers was duly entered in the title of the property. Your brother didn't sign the receipt of amount and moreover as per Registration ct section 17, every immovable property worth more than Rs, 100/- requires compulsorily registration, which though took place but not as per provision. Your brother may create any problem in future so better you get a confirmation note from his confirming your sale on an affidavit duly witnessed by his legal heirs.
prabhakar singh
(Expert) 31 August 2011
I still agree with expert Ramchandran that no valid transfer could be made in absence of a registered POA (despite your second post)hence the sale made in your favor is void right from inception and the same can not be validated by simple subsequent unregistered admission of the owner.
Right, if any,that can emerge under a void sale deed of immovable can be only by hostile ouster of the owner and perfecting adverse title by possession over a period of more than 12 years which are hardly sustainable against co owners,so you are right in your feeling that you are in a mess.
But at this point time if you can arrange a registered relinquishment deed from your brother(heirs of your mother excluding you as you say the mother is dead)then the inherent defect in your title may get cured,else any thing done unregistered can not validate the inherent defect.
girish shringi
(Expert) 31 August 2011
UNder Income Tax Act it is not compulsory to registered thew document of the partition of the family.
The TOP Act also specify the same,hence even if it is challanged it can be rectified under the above Acts.
Due to limit of time to me I am not able to give you the citations.
However if any special case if any letigation arise in the case you can contact at girishshringi@gmail.com
Querist :
Anonymous
(Querist) 01 September 2011
Thank you for your expert suggestions. Further to Girish sir's reply, would like to point out that the concerned joint property was one of several other joint properties held by me and the other co owners. The others have sold their share in other properties earlier and have mentioned in those sale deeds that the family partition has taken place and they are selling their share. I guess, a family partition applies to all properties held by the co owners and not just specifically for one property. Can you please tell me if my thinking is right??
Querist :
Anonymous
(Querist) 01 September 2011
I basically paid them for this property and bought their share in this particular property as part of a family partition of our properties and this is mentioned in the deed.
R.Ramachandran
(Expert) 01 September 2011
Dear Anonymous,
You may be having some points in your favour. But the matter is not simple and needs to be resolved only by a Court of law - after weighing the material facts, circumstances and admissible evidences.
R.Ramachandran
(Expert) 01 September 2011
Did you pay by cheque and does the cheque particulars find a mention in the sale deed?
Querist :
Anonymous
(Querist) 01 September 2011
Sir, I actually paid cash. But I have withdrawing receipts of the bank from where I withdrew the cash and gave them. It was a family matter at that time so I did not bother with cheque. The deed just mentions that the amount has been received by the other co owners as part of a family partition of properties. Also as I have previously mentioned I have a memorandum signed by my mother and my father as witness stating that she had received the money and also that my brother had received it in front of her.
M/s. Y-not legal services
(Expert) 31 August 2011
