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Adv Rahul Shinde (Lawyer)     26 March 2014

Power of attorney queries abt power to selling

hello sir. i have a one query about civil nature . Parties belong to Pune, Maharashtra what happen, lady who having age about 55-60 years and also illiterate 1) her brother had 3,000 sq.ft land 2) he transferred 1,000 sq.ft land thorough out GIFT in year 2008 in his sister's name (which mentioned above's) without showing no consideration in draft 3) then in year 2012 he made power of attorney in favor of him from his sister's, and took all powers including selling rights on only 500 Rs stamp by deceitfully without informing her that he takes selling right (he took her at registrar office by telling that they are going to purchase new property) 4) then after 2 months he sold property to himself without consent and inform to real owner (Lady) so my point is that, has he right to take power to sell property in just 500rs stamp duty in power of attorney ? because as i heard person who is in blood relation has only right to sell, in 500rs stamp duty in POA and if person who not belong to blood realations then he has to give stamp duty as like conveyance art 25 a,b,c, Indian stamp act has her brother comes within blood relations even she married and also have children and grandchildren too

 

 

actully on that property that lady built house for herself, and now he transferred all tax receipt and lit meter bill on his name ...... and now he threatened to them that he will lodge trespass complaint ......



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 2 Replies

Advocate Ravinder (Advocate/Attorney)     26 March 2014

 

By going through your episode, it is 100% clear and clarified to me that the borother had ditched the sister.  He had cheated his sister by all means.  Your case is weak.  Atleast if you realize your mistake now, your property can be saved by engaging a good lawyer from your local place.

First you have to file a police complaint immediately against your brother.  If the local police refused to take complaint. You can file private complaint before the Magistrate.  Secondly, you have to file a civil suit for cancellation of sale deed made by brother on his name himself.  Thirdly, you have to cancel your Power of attorney in the sub registrar office. If you have any doubts please contact me on my email id ravinder2345@gmail.com

T. Kalaiselvan, Advocate (Advocate)     27 March 2014

Repeated query, for my opinion on the subject, please see your previous thread on the subject.


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