Notarised poa

Dharshan (Querist) 26 January 2024 This query is : Resolved
Hi Experts. can you provide your advice on below

Father's property was sold by Daughter in 1995, Without the knowledge of Father & sale deed was executed by daughter via Notarized Power of attorney
( POA was fake does not have witness, seal notary does not hav register number of advocate, Signature of notary advocate is fake).
After 20 year again i.e 2015 Father again gifted the property to Daughter and Daughter again gifted the property to her daughter again,

Note - Person who had sale deed from daughter did not pay tax or transferred khata till 2020, will this sale deed executed via notarized POA valid in 1995.

Now whether Sale deed sustains or gift deed !!

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This discussion concerns a property sold in 1995 using a notarised Power of Attorney (POA) that appears to be fraudulent, lacking proper witnesses, seals, and notary signatures. The father, whose property it was, reportedly did not know about the sale. Later, in 2015, the father gifted the property to his daughter, who then gifted it to her daughter. The key question is whether the original 1995 sale deed is valid despite the questionable POA, or if the subsequent gift deeds are more significant. One expert opinion suggests the sale deed may be valid if the principal (father) ratified it by not challenging it for 20 years, making the sale deed the primary document over the gift deeds.

T. Kalaiselvan, Advocate (Expert) 26 January 2024
The registered sale deed executed by the power agent in the year 1995 is valid, moreover the principal never challenged the said sale deed then or after that. This clearly indicates that the original owner/principal has ratified the sale deed executed by the power agent. Therefore the sale deed which is the principal document will remain valid and not the gift deed, the title holder can object to the gift deed and get it nullified

Please note that you have repeated the same question in the forum section under a different subject.

Dharshan (Querist) 26 January 2024
Hi Experts. can you provide your advice on below

Father's property was sold by Daughter in 1995, Without the knowledge of Father & sale deed was executed by daughter via Notarized Power of attorney
( POA was fake does not have witness, seal notary does not hav register number of advocate, Signature of notary advocate is fake).
After 20 year again i.e 2015 Father again gifted the property to Daughter and Daughter again gifted the property to her daughter again,

Note - Person who had sale deed from daughter did not pay tax or transferred khata till 2020, will this sale deed executed via notarized POA valid in 1995.

Now whether Sale deed sustains or gift deed !!

T. Kalaiselvan, Advocate (Expert) 26 January 2024
It is not understood that why do you repeat the same question many times in various threads of this website.
In fact you have repeated the same question which you have posted in the same thread.
You go through the answers given.
If not then consult an experienced lawyer in person and obtain more clarity

kavksatyanarayana (Expert) 26 January 2024
I agree with the good advice of the learned expert Sri T.Kalaiselvan Sir.

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