File police complain.
Is POA registered and with consideration.
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?
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Lawyers are available now to answer your questions.
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?
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.
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.
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
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
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.
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.
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.
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