• Seller gave POA but not turning in for property registration

I was given POA of a house, the seller got the money, now they are not coming for registration and not attending my calls.
Visited their previous address and they seem to be vacated.
How can I proceed with this?
Asked 7 years ago in Property Law
Religion: Hindu

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13 Answers

File police complain.

Is POA registered and with consideration.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

1. what kind of POA was given to you?

2. is it a registered POA?

3. does it contain power to sell?

4. does the power contain right to execute and register sale deed on behalf of seller?

5. does it contain power to comply with all registration formalities on behalf of seller before the registration authority?

Yusuf Rampurawala
Advocate, Mumbai
7901 Answers
79 Consultations

Is POA registered ? 

 

2) on basis of POA you can execute registered sale deed 

Ajay Sethi
Advocate, Mumbai
99834 Answers
8148 Consultations

See using the said POA you can register the said property in your favour. You can make a sale deed showing payment wherein you can sign as seller and buyer using said POA.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Sale through POA executed in favour of non blood related person has been invalidated by the Supreme Court inthe year 2012 vide judgement passed in connection with the case between Surya Electric .........Vs...............The State of Rajasthan.

 

2. Hope you already have executed/registered a sale agreement with thge seller.

 

3. If yes, then lodge a police complaint against him for cheating you and also file a Money Suit  praying for an order upon the seller to refund the amount paid by you with interest and cost.

 

4. If he refuses to comply with the Court order, his properties can be attached to recover the amount.

Krishna Kishore Ganguly
Advocate, Kolkata
27704 Answers
726 Consultations

You have to approach to the Civil Court to get the property registered in your name and the Order of the Civil Court you have to file a civil petition in the court as the seller of the property is not traceable and you are the bonafide owner of the property based in the agreement and position after the court ordered the register will register the property in your name

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

you can execute sale deed on the basis of POA  

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

1. IF the POA is a registered POA, THEN based on the POA, you can register the Sale documents without the need of the sellers signatures.

2. You can also file a criminal case of cheating and fraud against the seller, IF he has cheated or threatened in the deal.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. There must be a sale agreement with the seller in furtherance of which you must have made the payments.

2. Now since you have paid the money the seller is obliged to complete the sale by making a registered deed of sale.

3. So for this default you can file a suit for specific relief act and since the seller is untraceable the court can pass a decree ex parte and it can be executed  through the machinery of curt for the purpose of registration of the sale deed on behalf of the seller.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

You can approach them through court and file a suit for specific performance.

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

  1. As per the information mentioned in the present query, makes it clear that the seller is now absconding from further payment.
  2. I advice you to file a suit for the enforcement of the agreement to sell or refund the money with interest.
  3. Also file a criminal complain for cheating agaisnt the A’s now they have not been coming and showing their intention to keep their words.
  4. You may give their phone number or email ids, which may help the police to track them for sure.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

You send a legal notice to him instructing him to perform his part of contract by executing a registered sale deed failing which you may approach court for relief and he will be liable for the consequences.

 

T Kalaiselvan
Advocate, Vellore
90036 Answers
2497 Consultations

A case of forgery and fraud must be filed against the persons who were involved in this transaction. POA does not confer property rights and therefore this transaction is not complete. Lodge a complaint against them under relevant sections of the Indian penal code.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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