Arpita Chauhan 21 May 2021

Nri property in india

Respected Members,

I need your guidance regarding this.

A very close friend of my father, who is known as Raghav, is an NRI, now what happened is before COVID he was in the middle of buying a property in India but due to COVID he was not allowed to move so he could not come to India. In light of the circumstances. he gave his Power of Attorney to his brother on his behalf. Now, what his brother did is that he did buy a property but he made half of the property on his name. The whole money is paid by my father's friend and he was not aware that his brother had included his name in the property. He recently got to know about this.

Now what can he do?

Can he take any legal action against his brother? How can he bring the whole property under his name?

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4 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 22 May 2021

First and foremost, the Power of Attorney needs to be examined to ensure that it is very clear and there are no ambiguities therein because of which the POA holder could include his name. If the POA is clear and the purpose of the POA is clearly defined and the POA holder acted in violation of the trust vested in him through the contents of the POA, it is a clear case of cheating. Your Father's friend can initiate legal action against his brother ie. the Power of Attorney Holder and also to the person who sold the property who might have unwittingly cooperated with the POA holder in including the name of the POA holder beside the Registration Officials.

Therefore, your Father's friend may issue a Legal Notice to start with to the POA holder and the Vendor who sold the property, and to the Registration Official who is supposed to verify the document before Registering and register it in the correct name. If there is no satisfactory reply or action, with the help of a local lawyer to file a case against the POA Holder, Registration Official and the Vendor to rectify the mistake.

Dr J C Vashista (Advocate) 22 May 2021

PoA granted by Raghav has to be examined before forming appropriate opinion and oblige your friend's / his father.

The attorney should be sued / prosecuted in the appropriate court of jurisdiction, if the facts posted are true.

What is your locus standi / concern / problem? Are you counsel for Raghav, his father or the attorney (brother) ?

As per rules this platform is meant to help needy litigants and not for academic debate, which you are well aware.

Being a legal persona what is your response to the hypothetical facts posted by you ?

P. Venu (Advocate) 22 May 2021

Ms. Arpita-

You have replied to very many query suggesting your in depth knowledge of law. And many such queries have been profoundly appreciated. Certainly you are well aware, more than many of us, of the legal course that could be adopted and initiated in the instant case.

As such, why this query?

T. Kalaiselvan, Advocate (Advocate) 22 May 2021

As per you the power agent has committed fraud and managed to acquire 50% share in the property to his name fraudulently.

Thus he is liable to prosecuted for the fraudulent acts he committed provided the evidences suggest that he has committed this offence.

Hence you first ascertain and collect evidences before taking any legal action against him so that you do not get hurdles in your case after filing it.