• Registration deed in my name and my wife but written benami

I have purchased a plot from Palm meadows kharar the greater Mohali Punjab. Registration deed was done and loan secured from sbp.plot bought in my and my wife's name. But written as benami don't know. Also plot sold by use of power of attorney.
Briefs of my registered deed are as follows.. 
Size 154.16 sq yds.
Registration number IN-PB01745411940803O
Dated 17 Feb 2016.
Hadwast number 183 Kharar Greater Mohali Punjab. 
Khevat /khatoni no 519/546
..Map approval was given by MC kharar. 
Now during construction start work is at halt from last three months, and only assurance from builders that money deposited for shifting or underground wiring for high tension wires passing over my Plot.
I have audio recording of there promise. But not made yet. Also RTI to MC KHARAR last May 2016 was not replied. Also now RTI for PUNJAB ELECTRICITY BOARD PATIALA is made, reply expected this month only. 

My queries are
1. Why my Plot is benami if bought by me and my wife. 
2. Plot sold on power of attorney is ok or not in this case. 
3. Electricity polls over my Plot not removed as per promise and delay causing me losses. What should I do? 
4. Can I demand compensation in addition to removal of lines?
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

plot is not benami if bought in youir name and that of wife

2) if POA uis registered plot can be sold by POA on behalf of the owner

3) issue legal notice to PEB for shifting of poles from your plot

4)you would have to file complaint before consumer forum to claim compensation

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. I am not sure what do you mean by 'benamai". please inform the name of the persons appearing in the sale deed. If you and your name is appearing in the sale deed then there is nothing to worry.

2.Sale on behalf of POA is valid if the POA holder is close relative of the owner or POA holder is a builder and he has made a registered deed of development for the project.

3. If case of removal is made in your dale deed then you can file consumer forum case to get the things done.

4. Yes, you can seek damages and compensation for this.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. Why has it been written as benami when you paid the sale consideration? It seems that you did not involve a lawyer in the process of execution of sale agreement and also the sale deed.

2. A sale can surely be made through a GPA but the GPA has to be mandatorily registered.

3. If the builder does not honour his promise then sue him in the consumer forum for damages.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. If you are a rightful purchaser and a registered sale deed was executed on your name by the vendor properly then there is no question of benami property.

You should ask the vendor that why it has been mentioned as benami while purchased the property by passing the sale consideration amount from your side.

There is no reason for declaring the property as benami when you have purchased it.

2. The POA agent has sold the property on behalf of the vendor is legally valid but the POA deed should have been a registered deed.

3. You send a legal notice to the vendor to clear this obstruction immediately or cancel the booking

4. It depends on the circumstances and hardships convinced by you.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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