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Naveen Kumar (service)     04 July 2017

True owner

What is the position of true owner if 3rd party sells the true owners property to someone. Any citations pls


 12 Replies

Kumar Doab (FIN)     04 July 2017

Only owner or agent of owner that has been vetsed with powers to sell say a POA, can sell. 

Advocate Bhartesh goyal (advocate)     04 July 2017

Yes,either owner or duly authorized person having registered power of attorney to sell the property,can sell only.

Kumar Doab (FIN)     04 July 2017

Agreeing with Mr. Bhartesh goyal; The POA to sell in case of immovable property should be registered.

In previous post I forgot to mention Registered.

 

Siddharth Srivastava (Advocate)     04 July 2017

The sale by third person who is not the owner of the property is not valid and is illegal in law.

Siddharth Srivastava (Advocate)     04 July 2017

No. Your perception is wrong. Lawyers only guide and lawyers are most genuine section of society. So pl correct your perception.

1 Like

Arjun Kohli   04 July 2017

If such 3rd party had no connection to the property and is absolutely an isolated individual who has sold the property to someone, then the transfer is illegal and is voidable at the option of the true owner of the Property.

However, if such 3rd party has any apparent authority to sell the property to another person, then the concept of Ostensible Transfer of Property u/s 41 of Transfer of Property Act would apply, protecting the interests of such transferee in good faith (having taken reasonable care on his/her part). The burden of proof would here lie on the transferee to show the measures of reasonable care taken or to show that the 3rd party transferor ensured that the true authority of transfering the property remained out of sight of such transferee.

However, if no such ostensible authority was present there, the sale would probably fall under the Fraudulent Transfer and shall be voidable at the option of the true owner.

shrikant   04 July 2017

please file the application for injunction against 3rd party if the sale deed is in proceeding. if he sale the property then file injunction against the subsequent purchaser to staying or stop further proceeding.

see the sec 16 of the rent control act with comentries.

Kishor Mehta (CEO)     05 July 2017

Sir, A third party can not enter into a sale agreement, and the agreement cannot be registered, unless he can submit some tangible and valid evidence that he is legally entitled to enter into such agreement. Kishor Mehta

Kumar Doab (FIN)     05 July 2017

Dear Mr. Sidharth Srivastav

I am in full agreement with you about your comments.

1 Like

Siddharth Srivastava (Advocate)     05 July 2017

Thanks for your appreciation and agreement. Sidharth Srivastav

Kumar Doab (FIN)     05 July 2017

You are welcome.

Kumar Doab (FIN)     06 July 2017

Pool the suggestions and show all docs on record to a very able local senior counsel of unshakable repute and integrity specializing in revenue/civil matters for a considered opinion.

 


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