Vivek surf (Doctor) 20 December 2010

Power of Attorney

Dear Sir / Madam.

I have purchased a N. A. plot from a power of attorney (POA) holder XYZ in year 2007. At the time of Sale Deed POA was in force (POA Date of validity). The legal formalities of Sale Deed were completed in Sub-Registar office without any problem including photographs+witness etc. My name is there on 7/12 Utara (Property Card) since last 3 years. I was not aware that the land owner (Principal Owner) was dead about 1 month before this sale Deed.

My question is, Is this Sale Deed void? All legal papers like 7/12 UTARA, Sale Deed from Sub Registar, registration of plot in local Panchyat (Talathi) are on my name?

Please Help. Thanks in advance,

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7 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor) 20 December 2010

Power of Attorney goes with the dead person, so Sale will go.

Purchase is invalid

adv. rajeev ( rajoo ) (practicing advocate) 20 December 2010

Sale is in valid if any family members of the deceased challnge it then you will be under loss.

1 Like

Vivek surf (Doctor) 20 December 2010

Thank you sirs, now what is the option left for me to make assert my ownership. As my name is there in all documents like 7/12, panchyat registration etc...

Thank you.

Bharatkumar (ADVOCATE ) 20 December 2010

U contect the legal heirs of deceased and registred a confirmation deed in Sub-Registrar Office otherwise u apporch the court against the poa holder of land owner and file a FIR (Criminal Case) against poa holder. OR cancle the Sale Deed. I think the legal heirs name in 7/12 after deceased owner. U check the latest 7/12 and No. 6 all entries.

1 Like

tushar (lawyer) 20 December 2010

sale is not valid if you paid all the consideration amount to yhe vendor before registration of sale deed.and as per the sec.202 of Indian contract act if the POA is executed against consideration the POA is in force though the POA executant is dead.

And in your case the satbara already mutated in your name so the heirs of vendor has to challenge the same and have to challenge in the court that the said sale deed is not valid.

2 Like

A. Patrawala Advocate (Advocate) 20 December 2010

If it is an Irrevocable POA then everything is OK. If Three years have passed since the registration and no body has challenged the sale, there is bar of limitation...Keep the proof of your having paid the full consideration money ready in case of any casuality...Remeber that after 9-9-2005 all the married daughters of the seller are entitled to their share of inheritance vis-a-vis Hindu Succession Act...