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Amit De   29 September 2015

Don't have power of attorney of person who sold us land

My grandmother purchased residential plot some 25 year ago from person who was having power of attorney of his son (ex pravin),
my grand mother expired some years back leaving her only one succeeder my  mother. My grand mother did not transferred 7/12 on her name,
still 7/12 is on son's name (pravin), we only have purchase document.
Initially patwari asked for affidavit from Pravin that he had  given authority to his father for selling his land and tahsildaror  have affidavit the same.
Now after 18 days patwari is asking order from  tahsildaror ,we ask tahsildaror aout orders, now according to rule tahsildaror don't have  any act to issue this order.To sum up everything no one knows how go about  it and case is pending from many month  in patwari office.Can I know according which revenue code  of Maharshtra  this issue could be  resolved,what documents should be submitted to patwari oofice for this ??


 7 Replies

G.L.N. Prasad (Retired employee.)     29 September 2015

You can try at Sub-Registrar's Office, as a copy of that POA MUST BE available with them.  Apply for such copy after seeking inspection.  You can contact any real estate agent/stamp vendor sitting before the concerned Registrar's Office.

If the sale is registered, POA must be available with concerned Sub-Registrar's Office.  Further, you may also try with neighbors and seek whether a copy of such POA is available with them.

You can file RTI Application before PATWARI and seek information as to exact reason for inordinate delay in mutation, even after submission of sale deed.  Follow your state RTI Rules and regulations.

Now, if you want a solution you have precipitated for more than 25 years, you have to work hard to find solution at the earliest.

Anand Bali Adv. (Advocate Solicitor & Consultant)     29 September 2015

You are in possession of the property from last 25 years. It is an established fact. and is also known to the other party who has sold it to you. In this case as the POA is not traceable you have to file a declaration suit in thecivil court of your jurisdiction that this property belongs to you as per the possessory rights for more than a 12 years with you ( in fact from last 25 yeras) so in the clause of the ADVERSE Possession the property be declared as your property and a letter of administration be issued to the concerned Tehsildar and sub registrar for registering the said property in your name.

Amit De   29 September 2015

Registrar Sale deed is available with us.Is not just case of lost of one of document (POA), can be solved more easily as Original owner have affidavit that he had given power of attorney to his father ?

G.L.N. Prasad (Retired employee.)     29 September 2015

We can not argue with idiots , when there is a simple solution.  Sale deed can be executed by any one, but he should have some written authority to undertake selling of other's land.  There is a chance of getting it from Sub-Registrar, why one should argue, when copy  can be submitted .

Anand Bali Adv. (Advocate Solicitor & Consultant)     29 September 2015

Mr Amit please note that "No one can pass a better Title then what he has" is the applied maxim in your case. The father of the son can not pass on the property of the son without his deligated powers to do so to him in shape of a GPA.In the registered Sale Deed this fact would have mentioned that how he has derived his rights to sell the said property and in case he was having non the sale is a bogus and void ab initio.

However, Please see my other advises to you, please start  working on that way and you will get the property rights legally in your name.

Parag Shinde (Lawyer)     02 October 2015

If you are having certified or original copy sale you don't need to file civil suit or any affidavit. Just appoint good civil lawyer he will do your rest of the work. If land is in Pune district contact me. 9561673094.

T. Kalaiselvan, Advocate (Advocate)     05 October 2015

This is a case where a vendor has sold the property to the buyer through is POA agent.  However the buyer did not bother to transfer the 7/12 records on her name nd the same is still in the name of the vendor only.  However, at this stage after 25 years of purchase it would not  fair on the part of the patwari to insist an affidavit or any old records.  If the torture is beyond rectification, you may file a mandatory injunction suit  seeking the patwari to transfer the records on the name of the buyer or her heirs based in the registered sale deed.

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