sale of property through power of attorney
Querist :
Anonymous
(Querist) 05 March 2010
This query is : Resolved
Sir I purchased residential plot in Bangalore in 1995. Token amount paid and agreement for sale signed by owners (3 persons) When final amount was to be paid it was paid i.e. sale deed signed by one Mr. Raghu power of attorney holder of all three persons who had signed the agreement for sale. The power of attorney is not registered with any authority. I do not have original but a copy of the same since the land was huge and as many as 50 persons purchased some portion say 600sq ft 800sq ft. etc. The sale deed was registered and the encumberance certificate from 1995 on that particular residential plot till date i.e.20.2.2010 is showing I am the owner. Now I learn that in 2007 the original owners (all 3 jointly) have sold the same residential plot to Another person
Ravi. But I do not have any document. My friend want to buy my plot and we are shortly entering into sale agreeemnt. By giving a paper notice in the regional language and if no objection received whether my friend can safely purchase the said plot from me? If Ravi objects for sale what to do?
Raj Kumar Makkad
(Expert) 05 March 2010
If GPA holder was not having registered GPA then it may create various problems in present as well as in future as is seen. Though those three sellers have no right to sale the same plot to Ravi at this juncture but definitely it shall to be decided through courts whether the GPA was true or false.
You should file a suit for declaration against Ravi and previous owners to the effect that you are legally owner in possession of the mentioned plot and the defendants wants to dispossess you so it be declared that you are legally owner in possession and in the written statement, they shall bring their defence then challenge their Sale-deed
Querist :
Anonymous
(Querist) 18 May 2010
Since it takes years to get relief from court of law whether it is legal to enter into an agreement with my friend for 50% of the present market value on the condition that once court decision is in my favour balance 50% will be payable by him with int at 12% p.a. from date of sale deed till court order. What if court decision not in my favour? Whether we should include a clause that 50% already paid will not be refunded.
