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Sanjay (b)     12 August 2013

Property sold to me on fake poa

Dear Experts


I need advise. I bought a property owned jointly by father and son (50/50) share. Son had a PoA of father.

All the documents are properly registered with stamp duty receipts, cidco transfer all legal aspects are taken care.

After possession I learned from the old member that his father has expired few years back, that means the PoA was fake and invalid. also note he has given the declaration to sub-registrar office that the PoA is valid and principal is alive. Also on raising a doubt earlier during our deal as PoA was dated Y-2008, he has given me fresh current dated (Y-2012) PoA - scanned copy (which my broker has not attached while filing papers with registrar) gave me some excuse that old PoA is with declaration so no need to worry.

I need expert advise, if can I take action or will it back fire on me i.e. cancellation of sale deed, possession etc.; though I want that this person with all parties should be panished.

Regards



Learning

 8 Replies

Suri.Sravan Kumar (senior)     12 August 2013

first ascertain from regd office about the documents. If they are false you can file cheating case against the person who cheated you.

Sanjay (b)     12 August 2013

Thanks for reply, Will registrar office inquire on this, and if they do will they can cancel the sale deed as it is based on fake PoA, I will be in a fix then, as I invested so much and have home loan etc. will this suggestion really work?

Suri.Sravan Kumar (senior)     12 August 2013

apply for certified copy. The burder lies on you to prove that POA is fake. If you want your money back you have to approach court of law only.

adv.raghavan (Advocate,9444674980)     12 August 2013

first find out the legal heirs of he deceasd  father are available, if they are alive they can very well file declaration suit to call  this sale deed nul and void. since his POA it self is not genuine and his registration is also considered to be void one, immediately file case under IPC 417,420 ,406,465. 

1 Like

G.R.PRASAD (Director)     12 August 2013

 

As can be seen from your narration: - unfortunately you are trapped; fortunately you are in possession of property.

 

Unfortunately in our country attempt to take revenge or legal action against crime will only put the complainant’s interests at stake.

 

In law that governs the registration process provides scope for initiating action under Chapter XIV of Indian Registration Act, 1908. In turn your document will stand cancelled.

 

Luckily now that you are physical possession and documentary evidence of title in your custody better option would be keep quite. However, if you still prefer to take action, do not file complaint under IPC yourself, instead make the Joint Sub Registrar or the District Registrar, who conducted such registration to initiate action under Section 83 of Registration Act; but please remember your present title will become nullity in law.

 

May be you might have noticed Robert Vadra verses Ashok Khemka battle in newspapers. Factually Mr. Khemka is disputing the title held by Mr. Robert under the provisions of Chapter XIV of Registration Act, 1908.

 

If the judicial systems are strong, may be there shall be some way out. In the present context, my opinion is sulk internally, accept crime, enjoy the property the way it is and thank God after all you possess the property whatever worth it might be.         

God bless.

Prasad

1 Like

Sanjay (b)     13 August 2013

thanks for the advise... I think you have understood my situation properly; though as per my knowledge there are no other legal hiers expect his mother. and one of the email he has confirmed that the entire consideration is paid by him and added his father's name as a safety as he was about to go to US. God knows whats the truth.

Suppose in case any claim by legal heir will I get any protection on possession of the flat which I already have.

Sanjay (b)     14 August 2013

Hi I got case study on rights of the bona fide purchase pls give your expert comments, I want to make myself safe for future claims on property. So is there any way to protect to rights and possession of property in case of any claim.

https://www.lawyersclubindia.com/articles/Rights-of-the-Bona-fide-Purchaser-A-Case-Study-3772.asp#.UgsSIKxNrcx

Sanjay (b)     19 August 2013

Dear Experts

I am waiting for your valuable comments.


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