• POA and land deed

Sir, I bought a plot in Bihar, patna in year 2013 taking a hoam loan duly paying all stamp duties and registry was done. Now when I started to build house then objection came from a party stating that the deed is wrong. 
What happened is from whome I had brought the property say for ref. G had bought with some A in 8/2000 year. 
Now A had POA for the land till 1995 to 1998.
Now K is the maim land owner resides there only and does not have any blood relation with A. On asking K regarding any notice for cancelation persist or not, there was no answer. Rather we have discovered another POA given by K in year 1999.
I have got the deed and also paying tax on the land continuously. 
In this case what should I do.
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

1) First don't leave the possession of land, stick there only, put one big Notice Board that land belongs to you and out side entrance strictly prohibited.

2) let the other party first go into court. And you can act accordingly.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Please do not leave the property. If there is any dispute let the party disputing same goes to court. Secondly you approach court in meanwhile seeking for ad interim exparte injunction restraining any person from interfering in your peaceful possession and enjoyment of schedule premises also for mandatory injunction. If there is GPA for 1999 please note whether the gpa is registered or unregistered. If it's registered you should not worry.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Mere title deed is not enough establish right on a property if no valid and clear title passes through the title deed.

First of after he Sooraj Lamp decisison passed by the Supreme Court no sale transaction on the basis of POA would be valid if there is no blood relations between the two.

Secondly of the POA is cancelled by the Principal-K then the POA ceases to exist and on the basis of revoked POA no valid title passes.

You did not a great mistake by not contacting the actual owner of the land beofre purchasing the property from the POA holder.

Now I regret that a lengthy civil suit will ensue.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

POA is not a title document no one can claim title on basis of POA. POA is just a document so that if principle is unavailable the holder can act on his behalf.

No sale is deemed by the POA held by supreme Court.

You have a valid sale deed from Principle himself you donot need to worry if anyone try to disturb your possesion take injunction against all parties and restrict them.

Please refer the landmark judgement of Supreme Court in link below a sale is valid transfer under sale deed in meaning of section 53 of transfer of property act where as a POA is just giving authority it is not transfer.

https://indiankanoon.org/doc/1565619/

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The POA should have been checked before registration if the power of attorney is valid.

Any way if some one have any claim on land he will dispute it in the court and you are in possession of the land. The court will decide if the registration is valid.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) was the POA registered ?

2) even if it was not registered If K had executed POA infavour of A then A could have sold land to G

3) unless POA was revoked it continues to remain in force

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

Sale Deed prevails on all other oral evidence. The other party must prove that sale deed was taken fraudulently. Just approach Civil Court and obtain temporary injunction order and continue your construction. Nothing will happen.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

The validity of POA has to be examined based on the attending facts and circumstances. In this case, title is an issue as POA holder and you jointly fighting for title. File a suit for title, set aside POA.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Approach the court and seek an injunction against the party who is interfering with your peaceful possession upon this property. Once you've a stay order, you'll be free to raise construction without any disturbance from anyone.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You need to file the suit for declaration before civil court and prove that your sale deed is genuine.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

If you have bought the property through power of attorney agent, confirm if the power was active and valid as on the date of purchase, if yes then there is no problem , if no then you may have to catch hold of the agent who sold you the property.

However you can file a declaratory suit to declare your title on the basis of the registered sale deed in your favor

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

You will have to contest the case if any case if filed by him.

if no case is being filed him then you continue the possession and carry on the construction work.

As and when the case is filed, engage a local lawyer and fight the case

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Also, in advance you may contact a lawyer and file a caveat in the court so that in case if any case is filed by him then you are served with the notice and no order is passed ex-parte.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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