Property rights after sale through power of attorney
Sunil Kumar Sharma
(Querist) 02 January 2012
This query is : Resolved
IN 1992 I have purchased a plot 100 sq yds jointly in the name of my Father & Mother on only registered will in Delhi. Father Tranfer his 50% share to My mother's name on 10-2-1999 by a notorised Power of Attorney & Father expired on 24-5-1999.
Mother Sold 100 Sq Yds to my Wife on 10-1-2001 through Registered (Power of Attorney & Registered Will) only,unregistered (Special Power of Attorney,Agreement To Sell,Payment Receipt,Possession Letter with Sign & thumb impression).
1--Can my mother made again any power of attorney or will in any case either in pressure or any kind of fear in the name of my remaining one live brother , one expired brother & one live sister.
My mother is illiterate knows only hindi.
2--If both brother & sister are able to make attorney or will from my mother then what can be taken against them.
3-Can it be possible?
4--Can it be legal ?
S.K.Sharma
Cell:9212594477
Delhi
niranjan
(Expert) 02 January 2012
One cannot get ownership even if he has got power of attorney from the owner.If the power is irrecovable,i.e. with consideration,it should have been registered and not notarised.If the Will was in your favour and the owner has died,you will have to obtain probate and then you can become owner.Wil comes into play after the maker of the will is dead.
Raj Kumar Makkad
(Expert) 02 January 2012
It is not understandable how you purchased a plot of 100 Sq. Yards by way of registered will. Will is not purchase document so first make it clear who made will and in whose favour and how you got it registered in the names of your parents.
My question is very vital to decide your further query otherwise nothing concrete can be opined because your alleged purchase is also under a big question mark.
If purchase was by way of registered sale-deed in favour of your parents in equal share then it is ok. Such property shall become self acquired property of your parents and they are free to provide it in favour of any person of their choice irrespective of consideration that you got purchased in their names.
In the given case, there is no valid transfer of his ownership in favour of your mother so his 50 Sq. Yards means entire share shall be inherited by you all legal heirs viz, your mother, you brothers and sisters and thus your mother cannot go beyond her share.
Deepak Nair
(Expert) 03 January 2012
The query is very difficult to understand.
How can your mother issue power of Attorney and will together in favour of your daughter with regards to sae property? when there is will how can she sell the property?
Kindly clarify the issue so as to get appropriate solution.
prabhakar singh
(Expert) 03 January 2012
Please rephrase your query to detail more specially how and from whom the first purchase was made??????????
Sunil Kumar Sharma
(Querist) 08 January 2012
I have purchased a vacant land in delhi from a property dealer & this dealer made a registered will in my mother & father but not registered power of attorney & other papers payment was paid by me to property dealer.
This purchase was by way of Not in any registered sale-deed in favour of my parents joint name like (Bhotal ram sharma & Gayatri devi) without explaining the equal share. there is no valid transfer by father of his 50 Sq ownership in favour of my mother only notiorised attorney had been made. In Jan2001, I have purchased this full 100 sq yds from my mother in favour of wife name, with registered Power of attorne, spercial power attorney, agreement to sale, possession letter, payment receipt & Registered Will and it was still in my possession which given on rent to my known person with rent agreement.
Mainly , my brother, sister threatend my tenant with a bhu-mafia and throw them out with a payment of 50,000 cash and take the possession of the plot with the help of corrupt police support at which 2-room set ground floor is constructed by me.
Pls clearly i wanted to know that can I get my propety back by court any way or not? am i legally owner of this purchased property or not any way.
Pls suggest in confidence so that i will choose a good advocate and file civil suit. 100 sq property circle rates are 27400/- per sq mtrs.
Best regards
