Shayan Khan (B.com) 07 October 2012

V personal problem

Hi, we have one residentail plot sitauted at Farrukhabad (U.P.) which is in the name of my mother. We have been living in Mumbai. We wanted to sale that property since long, the problem is this, my relatives over there are creating trouble and intending to take an aunauthorise possession of that house and they are also not allowing any person to see the house who comes with the intention to purchase.

Currentlt the keys are in possession of my uncle who is also living in farrukhabad (U.P.).

i was suggested to give a declaration on the stamp paper in the name of Distrcit Magistrate along with the CC to my uncle that we have authorised our uncle to sale the properties on our behalf.

Please suggest what will be the proper way to curb the danger of unauthorise possession of the house.

Please help.

Thanks

CA. Azim Khan

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2 Replies

ABHIJEET PARIKH (Bcom LLB MBA) 08 October 2012

An ideal way would be to post a Notice near ur house in UP stating that this property belongs to u and that any unauthorised tresspasser will be prosecuted under the provison of law (Notice should be seen to the general public) U can also give a notice in local news paper of UP that the property belongs to u any body dealing with any person without ur knowledge shall do so at their own risk

At the same time u execute a POA with ur uncle or ur trustworthy relative and authorise him to sell ur property

S Jadhav 98336 98330 (Jadhav & Associates) 08 October 2012

Azimji,

Please follow the Abhijeet's directions. But in the paper ad you may mention that you have given power of attorney to your uncle to negotiate on your behalf but the final agreemnt is to be signed with you only as you are the owner. Pelase do not give the power of attorney to anyone to complete the sale. Just give it for negotiating on your behalf.

In companies also we authorise our employees to negotiate on behalf of the company but final agreement is signed with the authorised signatory only.

S Jadhav