Sale of property by poa & mutation.
Naresh Chandra Soni
(Querist) 22 September 2013
This query is : Resolved
A residential House in a Village situated in Dewas District, M.P. ( Having Nagar Panchayat ) was in the name of Mr. X. & had a wife, five daughters and a son . All daughters & son is married. The house property was transferred in the name of his Wife after the death of Mr. X. Mother is very much threatened by the Son and he always mount pressure on her to sell the property or transfer on his name. He is having a two storied big House in a nearby City in prestigious place. After seven years of the death of Father his son got the Power of Attorney from his mother by creating pressure and sold the House property through Registered Sale Deed to his wife with the help of POA taken by the mother, without consent of his mother . The 75 years aged mother was absolutely in the sense and healthy at the time of sale & registry of the Property done by his son .
Meanwhile, mother come to know the deal ( sale of property ) and she object the same and cancelled the POA ( given in the name of his son ) with the help of competent Court. Now, His son applied for mutation of property in his wife’s name in the Nagar Panchayat office on the strength of the Registry . He wanted to sale the same property to other after getting mutation on his wife’s name. Immediately mother filed a objection in the Nagar Panchayat against the mutation of the said property.
Now. my question are for getting guidance . Please guide accordingly.
1 ] Whether the Sale of Property & registry is valid done by her son in the name of his wife by POA without consent of Principal Owner.
2 ] Which type of rights mother have to stop the mutation & further sale of the property .
with Regards.
Naresh Chandra Soni
V.T.Venkataram
(Expert) 22 September 2013
1.You have not stated whether the property was self acquired by Mr.X or whether it is an ancestral property.
2.You have not stated as to when the Sale was effected by the Son, and whether the limitation period is over.
3.If the property was self acquired one of Mr.X, the answer for your first question is "YES"
4.The mother can stop further sale of property by cancelling by POA,if a portion of property remains UNSOLD.
Rajendra K Goyal
(Expert) 23 September 2013
How you are concerned with the case. Whether helping mother or son?
Naresh Chandra Soni
(Querist) 23 September 2013
The property was ancestral and transferred by mutation in the name of Mr. since long back. Mr. X died in 2004. POA issued in the month of Nov'2012 by wife of Mr. X in the name of his Son.The property was sold out by his son to his wife in the month of Jan'2013. No portion of property is remained unsold. I am in concern from mother side. The son is not giving any financial aid to his mother since death of his father. Mother is residing with her widow daughter in that house. He obtained the POA from mother giving threat to her and sold the property to his wife by registered sale deed. Now, her son wanted to sold the house by hook & crook.She don't have any income from any side and furthermore his son is doing this type of deceive with her. So, to stop the mutation of the property she file a objection through application of the said property. If the mutation is taken over she will lost his house & a big problem of residence will arises.
Therefore, I wanted to know the legality of the situation.
thanks.
Naresh Chandra Soni
H.M.Patnaik
(Expert) 29 September 2013
U have consult an experienced local lawyer with available details as well as info. ,who can properly guide u in the matter to safeguard the interest of the aggrieved party.
