POA AND PROPERTY
My father gave POA to a person in 2006 for a piece of land which was actually my share as per the family partition deed which was signed by all members and registered during 2002. I was not aware of this POA as I was far away from property location for several years . Recently , I came to know that POA holder sold the property to another party immediately (2006). Also, I understood father gave POA due to pressure from existing family circumstances that time. Can I question above sale deed (& POA) now in the court of law and will there be any legal action on my Father?
Free Legal Advice - property dispute
Posted by: PRASANNA KUMAR
Posted on: 2019-06-09
With respect to your query, the legal opinion is as under:- (1) The sale deed is void even by the POA holder if your share has been transferred by him. (2) At the worst, the sale deed is valid to the extent of share of your father as per family settlement executed and registered in the year 2002. (3) Rulings are available to this effect that the POA deed stands cancelled if the status of property subject matter of POA undergoes a change with respect to title. (4) As the partition deed has been registered in the year 2002, it shall be deemed to be a public notice of change in title. (5) The POA holder as well as the purchaser was duty bound to get the sale deed executed only in the light of partition deed. The latches on the part of POA holder and the purchaser show that it is not a bonafide transaction. (6) No POA holder is permitted to use the POA to grab the property of the principal. (7) You can successfully challenge the sale deed. (8) Please give the detail whether who is in possession of the property. The nature of suit to be filed on your behalf can be decided only on the basis of status of party in possession of the property.
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