appeal filed before SDO
ramesh
(Querist) 24 January 2010
This query is : Resolved
I purchased a plot by regd. sale deed in apr.2002. I got 7/12 and ferfar in 2002 from patwari, again in 2003 i paid NA tax for 2 years and recd fresh 7/12 from next patwari . I paid NA tax again in 2005. now the patwari on duty says plot is not in my name but it is someone else;s name who has purchased it one month before me from poa holder . i recd. certified copy of his sale deed there is no copy of POA attached with sale deed nor any registration no. of POA is mentioned in that sale deed .saledeed onlr mentions only name of POA holder .My lawyer says that may be they donot have POA . so we have filed appeal with SDO court. case has been admitted and notices have been issued to 3 patwaris and owner of the property and other buyer of the propertyby way of POA. first hearing is on 27/1/10. my question is - can a SDO cancel his ferfar and 7/12 if it is found that they donot have any POA. can we make sub registrar also party for registering sale deed w/o checking POA ? is it the right procedure or should I file police complaint ? my lawyers says lets us see what is the order of SDO .then we will take next step since patwaris are also involved here so we went to SDO court. my email add.-- rameshgajwani@rediff.com
adv. rajeev ( rajoo )
(Expert) 24 January 2010
You could have filed a declaration suit on the basis of your sale deed along with an alternative prayer of " Sale deed is not binding on me, which is executed in favour of another person one month prior to your sale deed.
If the property is sold by other than the relative then POA should be regd., if he produced any PoA you can object for it if it is executed other than blood relative.
