Reg power of Atterny issue.

Querist : Anonymous (Querist) 01 November 2009 This query is : Resolved
Dear Sir,

We bought an agri land from X who had power of atterny from Y.While we register the land Y was expired and we had been hidden by X and we are not aware at that time.All documents are very clear in our name ie patta passbook land tax receipt and Electricity name transfer etc.

Now the issue is nuisance of neighbour Z.As the Z is making nuisance to us we approached Session court and got an Injuction order to use the land upto the final judgement of this case.

Could any one advise please on this power of atterny issue.

But the Z party's full time bussiness is encroaching other's land and cheating only.He is using nearky 10 acres but he has haly acres only in his name.Because of village peoples iliterate, continously he is doing this problems on the innocent village people.

We appreciate and thanks the advise.

Thanks with Regards,

Maharajan.S
Tuticorin.
Tamil nadu.
Mobile-9150081758 /9043556500

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adv. rajeev ( rajoo ) (Expert) 01 November 2009
If PA is executed in the name of another person and the exeuctant died then PA is not valid.
In ur case X has cheated u.
Now u r facing problem from Z. I wonder how u got ijunction order from the Dist and Session Court, which has no jurisdiction to entertin such cases.
If Z is making any distrbances and encrochment and already made any encrochment of your property the you will have to file suit for mandatory injunction.
Suppose if you filed a suit against Z he may challenge the sale deed reveling the fact of death of executant.

Kiran Kumar (Expert) 01 November 2009
i agree with Rajeev, but to one point i differ that Z may not challenge the ownership or sale deed....Z is no where connected with the land...even he will b a tresspasser.

Raj Kumar Makkad (Expert) 01 November 2009
Why are you clubbing two diffren situations in a same case/quarry?

POA had got sale deed executed in your favour and it has been got entered in record so if any problem comes regarding the death of owenr prior to execution of sale-deed, it can come only from the side of legal heirs of deceased owner and not from outsider.

Now your matter of dispute is with Z. The law to deal with the tress-passer is entirely different than PA. You have already engaged your counsel. He must be vigilant of all the facts and law on the subject. If you deem fir, can have a direct talk with me with your consel so that matter may be understood and advise, if required may be given to him. my cell is 09416058227