land dispute

Querist : Anonymous (Querist) 24 July 2010 This query is : Resolved
dear sir
i have purchase a land with a power attoney holders after the sale deed now the owner say power attoney is forgery filed a civil suit and as take a injunction and a declaration will it affect my sale deed
what is declaration and it is a exparty order

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s.subramanian (Expert) 24 July 2010
it is for the vendor to prove that the power is forged.otherwise the sale deed will bind him. any declaration obtained behind your back by the vendor will not bind you.

Chanchal Nag Chowdhury (Expert) 24 July 2010
1stly- please be a bit more liberal by using sufficient no. of words so that your question can be understood.
From the little I could understand your purchase has been made through the seller's Constituted Attorney. To execute a sale by a POA, the POA itself needed to have been compulsorily Registered. If that had been done, the question of forgery could not have arisen. If it was'nt, the Owner has a good case as the POA cannot be taken cognisance of by a court.

O. Mahalakshmi (Expert) 30 July 2010
Chanchal is correct

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