sale deed
vijay
(Querist) 27 February 2010
This query is : Resolved
On 2002 my friend puchased one land from one Joseph.Joseph died on 1997.his wife and children gave power of attorney to one Krishan to sale the property. Krishan sold the property to my friend.But now my friend came to know that on 2002 the same property which my friend purchased from Joseph was sold to one Kandaswamy by Joseph itself.Actually joseph died on 1997.The kandaswamy on 2005 sold this property to one Lekshmi. How my friend can claim the ownership of the property?
Arvind Singh Chauhan
(Expert) 27 February 2010
I think your friend can't claim the ownership. It is the legal maxim " Buyers Beware!". He should file suit against the power of attorney holder for cheating and recovery of money also.
B K Raghavendra Rao
(Expert) 27 February 2010
If Joseph had died in 1997, how could your friend purchase the property from him in 2002?
Unless the wife and children have become legally the owners of the property, they cannot give power of attorney. To become the owners they should have obtained succession certificate from the civil court.
If Kandaswamy has purchased the property from the very owner Joseph while he was alive, the sale transaction seems valid.
Your friend cannot claim ownership of the property under the circumstances explained by you.
vijay
(Querist) 28 February 2010
Sir,
I got the property from the legal heirs of the Joseph.On 2002 they appointed a power of Attorney Krishan and said Krishan sale the property to me.My sale deed executed on june 2002.The sale deed keeping by Kandaswamy can be proved as flase because it shows the expired Jospesh himself executed the deed on 2002 september.That is after 5 years of death.I am having the death cerificate of the Joseph and the power of Attorney made by the legal heirs. Is this documents are sufficent for me to go before Civil Court to claim my ownership right over the property?
Kumar Thadhani
(Expert) 02 March 2010
Regarding the claim of ownership of property your friend Kandaswamy cannot claim only your friend Kandawamy file suit for cheating,misappropriation of funds and recovery for the same.
