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AMARJEET (DEPUTY MANAGER)     26 March 2010

AGREEMENT TO SALE WITH POSSESSION

AN UNREGISTERED AGREEMENT TO SALE IN A PLAIN 10/- STAMP PAPER BY POA HOLDER WITH HANDING OVER OF POSSESSION IS A VALID TRANSACTION TO CHALLENGE A REGISTERED SALE DEED BY TRUE OWNER UNDER SPECIFIC PERFORMANCE ACT ?



 11 Replies

AMARJEET (DEPUTY MANAGER)     26 March 2010

TRANSACTION VALUE IS Rs.1,10,000/-

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     26 March 2010

sorry. U can't do.

1 Like

AMARJEET (DEPUTY MANAGER)     26 March 2010

Respected Rakhi mam,

 

could u pls enlighten me under what section it cant be challenged ?

Suryanarayana Tangirala (Advocate)     26 March 2010

The said document is understamped and unregistered,as the agreement of sale is with possesiion it has to be registered,refer s.17 stamp act and s.35 registration act for info

1 Like

bhagwat patil (Property due diligence 9422773303)     27 March 2010

its merely handing over possission not transfer of property.

1 Like

Gundlapallis (Advocate)     27 March 2010

It looks like the true owner and PoA holder either in collusion or PoA independently had cheated you.  Now, you give a complaint to the police they will find out the facts and book the culprit(s).  You also give a notice to the buyer narrating what happened to you and that until your issue is finalized he is at his risk. 

1 Like

Suryanarayana Tangirala (Advocate)     27 March 2010

Mr.Bhagwat it is for you Agreement of Sale- Is a contract for Sale and doesnot Create any interest in immovable property but here in the query posted by Mr.Amarjeet it is coupled with Delivery of Possession so it attracts S.17 of Stamp Act and S.35 of Registration so it has to be properly stamped and registered.

Mr.Amarjeet Is the POA registered?if so is it still in force?if no is the answer tranfer/conveyance by owner is lawfull and will hold good under eye of Law
 

niranjan (civil practice)     27 March 2010

Whether POA  had right to hand over the possession ? If yes in that case though the sale agreement with possession is compulsorily registrable,you can get the specific performance on the plea of part performance.

1 Like

AMARJEET (DEPUTY MANAGER)     28 March 2010

Dear Mr.Suryanarayan infact i have purchased from the owner not from the POA attorney holder, the situation is like this

"WILL A POA BE VALID IF IT WAS  EXECUTED IN 2002 ON A TEMPORARY LEASED LAND WHICH GOT EXPIRED IN 2003 AND SUBSEQUENTLY RENEWED IN 2008 AS PERMANENT LEASE IN THE NAME OF SAME PERSON WHO HAS EXECUTED THE POA IN 2002"

which i have raised as an another topic in this forum:-

If at all valid then Infact the POA attorney holder had executed another notorised unregistered agreement to sale in June 2008 post to my purchase in the month  month i.e May 2008. The certified copy of the Notary register is present with me with details that vide POA no so & so i am entering into an agreement to sale with BBB. But am not having the copy of the agreement.

 

Any solution sir ??? could u pls guide me sir !!!

AMARJEET (DEPUTY MANAGER)     28 March 2010

THE POA HAS A COLLUSION WITH MY OPPOSITE PARTY(PLAINTIFF)

FURTHER:

Dear SIR infact i have purchased from the owner not from the POA attorney holder, the situation is like this

"WILL A POA BE VALID IF IT WAS  EXECUTED IN 2002 ON A TEMPORARY LEASED LAND WHICH GOT EXPIRED IN 2003 AND SUBSEQUENTLY RENEWED IN 2008 AS PERMANENT LEASE IN THE NAME OF SAME PERSON WHO HAS EXECUTED THE POA IN 2002"

which i have raised as an another topic in this forum:-

If at all valid then Infact the POA attorney holder had executed another notorised unregistered agreement to sale in June 2008 post to my purchase in the month  month i.e May 2008. The certified copy of the Notary register is present with me with details that vide POA no so & so i am entering into an agreement to sale with BBB. But am not having the copy of the agreement.

 

Any solution sir ??? could u pls guide me sir !!!

AMARJEET (DEPUTY MANAGER)     28 March 2010

Mr Suryanarayan sir yes the POA was registered which was cancelled by owner in the same DSR office where it was registered further to your goodselfs query i would like to add here that the POA was issued in the year 2002 for a temporary lease property where there was no sale/transfer right wityhout prior permission of the collector and the same lease expired in 2003 and the lease again got renewed in 2008 in the name of same owner as permanent lease with sale/transfer right who had issued the POA. The owner had niether received any consideration nor any notice about agreement from the POA holder, also while cancelling the POA the true owner had sent regd/ad notice which was undelivered with remark absent and the POA holder is absconding since 2006 as per policereport in various other matters of fraud and embezlement.

 

Kindly guide sir !!!


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