Back dated sale deed to be registered
Dhanraj Anchan
(Querist) 28 January 2013
This query is : Resolved
hi,
My mother and self had given general power of attorney to my elder bother for a property in karnataka in 2009. This was given so that he sell the land and distribute the consideration among all 3 three equally.
My mother has expired in 2012. After that when i asked him to sell the land and distribute the consideration. He informed me that he has sold the land in 2011 for an amount which is much less than the market value. Checking with the Register i found that the property was under my mother's name. I issued a notice to my brother revoking the power of attorney given to him. This i had done somewhere in mid of Dec 2012. Thru a lawyer i got the list of surviour and approached Register for transfering the land in name of self and brother I was given to understand that a sale deed dated jun 2011 has been recived at end of Dec 2012 for transferring the property in name of my sister-in-law.
My brother is an influencial guy in the govt.
The propery is in udupi district of Karnataka.
ajay sethi
(Expert) 28 January 2013
1)was power of attorney by your mother regd ? registration is must for sale of property through power of attorney
2) on your mother death POA ceases to have any validity . you have not mention exact date and month when she expired .
3) purported agreement dated june 2011 cannot be regd now as more than 8 months have passed . under provisions of Registration act registration can be done in maximum period of 8 months
4) contact local lawyer . challenge sale deed
Dhanraj Anchan
(Querist) 28 January 2013
Thanks Mr. Ajay,
Mother expired on Feb 2012 and power of attorney was notarised.
sale deed is dated june 2011.
submitted for registration after my issuing notice for revoking the Power of Attorney.
Raj Kumar Makkad
(Expert) 29 January 2013
In the given facts, the sale deed cannot be got registered as the POA of your mother has lost its life at the same moment your mother expired and you have also revoked your POA so there is no scope of such registration.
File a civil suit for partition and possession before the civil court of your area and even if your brother is politically influential, he can do nothing in this legal battle,
