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sanjayrtn. (Exe)     27 October 2012

Insolvency petitions

Details:A person who has officialy declared himself an Insolvent, and this person takes a Power of Attorney (registered at a sub-registrars office) from his M-in law for an immovable property Land and subsequently transfers the property in his spouse's name as a settlement deed registered as a document in the sub registrar's office thus creating an encumberance on a property which has already been once sold by the said M-in law to another person,

Now there are two unlaw ful activities involved, firstly, M-in law giving a POA to her son in law (who is insolvent) at a subsequent (11 years later) date for the property which has already been sold by the way of registered sale deed to another person, {secondly using the POA to transfer the property in his spouse name, with a malafide intention to cause harm (encumberance) to the original owner of the Property who bought from M-in law

My Question based on above details:

1) Does the person who is Officially "Insolvent have the Right" to take the POA in his own name from his M-in law or from any one for that matter?????in respect of an immovable property Land

If, this is illegal,

2) is there any way to cancell this POA at the SRO by citing IP number of the person

3) In the case where an Insolvent Person executes a settlement deed, registered as a document in the SRO, how this can be cancelled in the SRO? what is the way out?

( because if IG registration is approached they will direct the petitioner to go to the court and get an order to the effect that "the above discussed documents are null and void" since an insolvent has executed the settlement deed , and this process of obtaining a court order will be endless time consuming, and the original owner cannot enjoy the property in his life time)

thanking you in advance for helping me out,

Kind regards



Learning

 1 Replies

sanjayrtn. (Exe)     01 November 2012

there is a circular from IG Registration pertaining to fraudulent registration; will this help: Is there any such case already happend, so that we can take a clue: Those reading this kindly advice:

https://www.tnreginet.net/circular/public_Circulars/Fraudulent_Registration.pdf


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