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JASWANT VIJAY AGNIHOTRI (AIR ARMY)     29 September 2017

registration executed after 20 years of owner (not married and no legal heirs left behind) death

Rajasthan Avasan Mandal allotted a House to a person of ST/ST in 1997. He was unmarried and died in 1998 leaving no legal heirs behind and he never resided in that house.
one fraud family belonging to OBC category residing in that house.
I started escheat proceeding in 2017 against them through the court of district collector. Between the proceeding they produced a notarized POA (आम-म�ख�यतारनामा) dated xx/xx/97 and on that basis they executed registration of the said property in 2017. then one day I found a notice in newspaper published by Rajasthan Avasan Mandal regarding transfer of ownership. I put-up the objection same day.

it shows Date of house allotted as 08/04/1997 and Date of Registration of house transfer as 30/08/2017. Is it possible to register a sale deed after 21 years of its execution and without the presence of the sellers at the time of registration. Does not the time period of 4 months apply for registration of sale deed.

my query is.......
1. Can the property ownership be transferred and registration can be done on basis of notarized POA where the POA granter is dead..?

2. what happens when property owner (ST/SC) died died without legal heirs and was unmarried. can the property be transferred on basis of fraudulent and forged documents.

3. How can this registration be cancelled or declared to be null and void so that it can be a escheat proceeding..?

4. As I think and when I see documents it shows me that the person was murdered and his property was occupied and forged documents made so what criminal proceeding can be initiated against these criminals..? 


Learning

 3 Replies

SHREY DAMBHARE   29 September 2017

Mr. Agnihotri, You are raising question and answering that question at the same time. Your first question answer is affirmative. However, here it seems something is fishy. The original owner died in suspicious circumstances. Then Power of Attorney is there and registration after 20 years. You are also saying document is forged. I think you should file police complaint. As to the escheat proceeding. I think there is special legislation also there called as Rajasthan Escheatment Regulation Act where you have to intimidate Collector or Tehsildar. After that Collector or Tehsildar makes inquiry and continues escheatment proceedings. 

JASWANT VIJAY AGNIHOTRI (AIR ARMY)     29 September 2017

How can this registration be cancelled or declared to be null and void Read more at: https://www.lawyersclubindia.com/forum/registration-executed-after-20-years-of-owner-not-married-and-no-legal-heirs-left-behind-death-154483.asp

Siddharth Srivastava (Advocate)     29 September 2017

On death of executant the POA stand lapse so since even if it is taken that POA was executed in 1997 then on death of executant in 1998 the POA stand lapsed. so in 2017 the alleged POA holder cannot sell the property on the basis of POA. As per law if the sale is through POA then there should also be valid receipt, and possession must also be handed over. Mere executed of POA does not amount to sale. If class -1 legal heirs are not available then the property shall be inherited by class-2 legal heirs. If there sino class -1 or 2 legal heirs then property shall devolve and shall belong to state. The sale can be challenged by way of suit. Consult a lawyer with all details.

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