Register gift deed + no property detail in poa
reecha
(Querist) 06 October 2019
This query is : Resolved
Hi ,
" X "did register power of attorney in favor of " Y " but "X" register POA for one property out of his 4 property. and that one property detail is mention in POA and for rest of 3 property are mention the word "all property " and now "Y" did register gift Deed in favor Y 's wife . that was the one of rest 3 property. which details not mentioned in POA but word used "all property".
now "Y" force to "X" to vacate the property.
and " X" filed fraud case against him but police said there is his signature over POA. so not fraud happened.
is this word used the word " all property" can be gift deed right to "Y"????
Dr J C Vashista
(Expert) 07 October 2019
"Y" is well within power (authorised) to register "Gift" for the property specified in PoA granted by "X".
However, rest of the properties can not be transferred by "Y".
Statement made by you are quite vague which can not lead to form an opinion and oblige.
It would be better to consult a local prudent lawyer for appreciation of facts/case/documents, guidance and proceeding.
However, if you are located in Delhi and feel so, may contact me (on appointment) with records of the case at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 or visit : vakil-saab.com
reecha
(Querist) 07 October 2019
thanks u sir... this is case of uttrakhand sir...
reecha
(Querist) 07 October 2019
same thing said by my advocate but the police not ready to listen to this...he said there is not cheating in POA and gift deed
Guest
(Expert) 07 October 2019
ALL--- means -- Everything
P. Venu
(Expert) 07 October 2019
Facts, as posted, lacks clarity. Anyhow, police have no role in a civil case.
reecha
(Querist) 07 October 2019
we filed fraud case in court that "Y" misused the POA...boz "x" gave him POA for only one property which detail mention in the POA. but the ALL property "Y" register the gift deed on name if wife on the basis of POA.
which property "X" did not to gave to him.
Hemant Agarwal
(Expert) 09 October 2019
1. IRRESPECTIVE of the clauses of the POA, the owner can still file a civil suit for setting aside the Gift Deed & POA, by following due procedures of law, by giving reasoned justifications & reasoning's. Check whether the POA is Stamp Duty paid & Registered before the local registrar of sub-assurances, SINCE POA holder, legally is not allowed to exercise ANY rights, IF the POA was not registered.
2. File caveat with the local authorities (Revenue /Municipal /Society /Association) restraining them from further transferring the property.
3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
P. Venu
(Expert) 09 October 2019
In my understanding, far more crucial question is - can a PoA execute a gift deed? Such a conveyance is based on the love and affection of the donor, which is very much personal; the agent cannot give effect to the love and affection of the principal.
reecha
(Querist) 10 October 2019
thanks u hemant sir and P. venu sir,
but we file case in 156(3) but now police doing investigation but i spoke with IO police .he said there is ur signature on POA(register in office) so there is 420 in this case..i told him as my advocate said there is no right to him to excute to gift deed... but police is not responding...i alredy told to police that i am not saying i haven't signature on POA. but there is misuse and fraud ..but ....
P. Venu
(Expert) 10 October 2019
You have the option to file a civil case and the get the execution of the conveyance if the same is beyond the terms of the PoA.
reecha
(Querist) 10 October 2019
Sir gift deed cancellation case also register also...but problem is in FIR case of fraud...police doing nothing...they said nothing gonna happened..
No fraud happend..
