cpc

power of attorney


Dear Sir / Madam.

I have purchased a N. A. plot  from a power of attorney (POA) holder XYZ in year 2007. At the time of Sale Deed POA was in force (POA Date of validity). The legal formalities of  Sale Deed were completed in Sub-Registar office without any problem including photographs+witness etc. My name is there on 7/12 Utara (Property Card) since last 3 years. I was not aware that the land owner (Principal Owner) was dead about 1 month before this sale Deed.

My question is, Is this Sale Deed  void? All legal papers like 7/12 UTARA, Sale Deed from Sub Registar, registration of plot in local Panchyat (Talathi) are on my name? 

 Please Help. Thanks in advance,

 
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Legal Consultant / Solicitor

Power of Attorney goes with the dead person, so Sale will go.

Purchase is invalid

 
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practicing advocate

Sale is in valid if any family members of the deceased challnge it then you will be under loss.


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Thank you sirs, now what is the option left for me to make assert my ownership. As my name is there in all documents like 7/12, panchyat registration etc...

Thank you.

 
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ADVOCATE

U contect the legal heirs of deceased and registred a confirmation deed in Sub-Registrar Office otherwise u apporch the court against the poa holder of land owner and file a FIR (Criminal Case) against poa holder. OR cancle the Sale Deed. I think the legal heirs name in 7/12  after  deceased owner. U check the latest 7/12 and No. 6 all entries.


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lawyer

sale is not valid if  you paid all  the consideration amount  to yhe vendor before registration of sale deed.and as per the sec.202 of Indian contract act if the POA is executed against consideration the POA is in force  though the POA executant is dead.

And in your case the satbara already mutated in your name so the heirs of vendor has to challenge the same and have to challenge in the court that the said sale deed is not valid.


Total likes : 2 times

 
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If it is an Irrevocable POA then everything is OK. If Three years have passed since the registration and no body has challenged the sale, there is bar of limitation...Keep the proof of your having paid the full consideration money ready in case of any casuality...Remeber that after 9-9-2005 all the married daughters of the seller are entitled to their share of inheritance vis-a-vis Hindu Succession Act...

 
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Thank you A. Patrawala sir. 

 
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