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alibaba   04 April 2015

Selling my property without my consent

I live in US and I own an apartment in India of which the property document is in the custody of my uncle.

Can he sell it without my consent as he is holding the property original documents?

Also, I have given him power of attorney to buy this apartment on my behalf when I bought this few years ago.

Will that power of attorney give him power now to sell it without my consent?



 3 Replies

Kumar Doab (FIN)     04 April 2015

He can sell only if he has power to sell.

If you are the owner you alone can grant such power.

If the POA was granted only to buy it can't be  exercised to sell, however you may get the language of POA examined verbatim by a competent lawyer.

If you are abroad you would be aware that such POA has to be routed thru various channels and vetted in India again before the authorities.

If the property is sold without any power to sell/or by fraudulent means then you can lodge complaint for fraud.

If you have lost confidence or have apprehensions you can cal back the original documents.

It shall be appropriate to discus in person with your lawyer.

 

rajuchowdappa   04 April 2015

Mr.Alibaba He cannot sell your property except,if you execute an Power of attorney to your uncle. There should be mentioned specific point on selling your property. If you need any further legal assistance you can contact me 9980635871.

Adv S K Gupta (Advocate High Court)     05 April 2015

Nobody can sell property accept you or a genuine registered Power of Attorney Holder. Keep Possession of house strictly under your control otherwise anything is possible in India. In this type of cases person having possession has big importance because Prima-face he owns the property.

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