1) POA should be registered with registrar and while performing sale deed buyer should have took search report of the property.

When was POA allegedly executed ? 

2) earlier registration of POA was not mandatory and notarised POA was sufficent to sell the property 

3) you ha e to file suit to set aside alleged sale deed on grounds of fraud that signature has been forged 

4) court would not rely upon sale deed if as per opinion of hand writing expert signature is forged 

1. The rule ' once a tenant always a tenant'. In other words the tenant can not claim anything which is adverse to the title of the landlord as the same is barred by law of estoppel.

2. So there is nothing to worry as the tenant would never be allowed to take the plea of ownership in court and the same would be disallowed in any way.

2. In the civil suit also you can apply for appointment of handwriting expert if the POA is ever produced. In any event the same would not be exhibited once you dispute the signature of the landlord.

4. It appears there is no sale deed either. SO forget the POA as even if the same is found to be genuine then also sale can not be proved.

1. If the power of attorney on which the sale deed is executed is not before the court and the deed is forged then in that case there is no value of sale deed. The owner plaintiff can file for cancellation of such sale deed.

2.  Even if the POA is notarized it will do.

As the power of attorney document is fraudulent and based on frogery, the sale is void ab into. You have rightly prosecuted the criminals and also filed the suit for eviction. 

The sale deed, based on fraud and frogery, is completely null and void and there are very bright chances of you succeeding in the suit for eviction

It has to be produced in court. No value.

Poa has to be registered to be valid in eyes of law.

Dear Sir,

The following information may kindly be read;

No property sale on power of attorney: Supreme Court

Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.

In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovableproperty sales is not a valid form of transfer of property.

A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.

"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.

The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.

1. Nothing , that is already based on a fake and forged document.

2. Registered PA has some value, rest are waste paper.

Hi

For any sale, execution and transfer of the title 

A registered and properly stamp duty paid PoWer of attorney is needed

The plaintiff have all possibilities of getting the sale deed registered is entitled to be cancelled and the criminal charges made out can be proved as well for forgery and cheating by the tenant 

To your questions specifically

1. The sale deed has evidenciary value as far case is concerned as it has to be proved as a fraudulently obtained one on the basis of a forged Power of attorney .

2. Notorised p oower of attorney is not admisable to register a sale deed.

Kindly file a suit for declaration of title in favour and the cancellation of the sale deeds executed with the forged PoA. Also pl file a suit for permanent injuction against the claimants who have purchased the property using the forged PoA.The subregistrar will require this decree from the court to cancel the fraudulently executed sale deeds on the property.

In the said civil suit you can apply for appointment of hand writing expert to analyse the signature on the POA if the tenant produces the same in court. He may not produce the same since he's aware that it is forged as such the eviction suit will be allowed and his deed of sale will not hold any value in an eviction suit.

You are bound to file another civil suit for declaration in court seeking to set aside the sale deed as fraud and not valid and that you are the absolute owner of the property and to set aside the sale.

1. in most of the Indian states if a POA contains a power to sell property and is given to a non specified person, then it is compulsorily required to stamped and registered

2. the above is the case in Maharashtra. I am not aware about the law prevalent in your state

3. when a document is presented to a registrar for registration, he does not check the title of the party presenting the document. He only has to ascertain whether the document is signed by the parties stated therein and that proper stamp duty is paid on such document

4. once above two requirements are proved then the registrar proceeds to register the document

5. if the expert's opinion on handwriting says that the signature of the Plaintiff on the POA and her original signature appearing on any other document, do not match, then the Plaintiff has to file a suit to have such registered document cancelled and set aside with a prayer for direction to the registrar to delete the registration details pertaining to that document from his records

6. if tenant claims title to the property as owner on basis of the above registered document then he has to file a separate suit for declaration of his title and cannot plead that he is not tenant but owner of the property

7. it is the plaintiff who decides what relief he wants by filing the suit and the jurisdiction of the court cannot be decided on the basis of the defense taken by the defendant. Even if the defendant files an application saying that court does not have jurisdiction then too the court will look into the plaint and not the defense statement of the defendant for deciding whether it has jurisdiction 

8. if the defendant did not produce the POA on basis of which the title was transferred to him, then an adverse inference can be drawn against the defendant and he can be required to produce the said POA in court 

1. As per the information mentioned in the present query, makes it clear that that your case is in your favour based on the averments made by you in the suit and the expert hand writing reports.
2. As per the defendant, POA was the main document on the basis of which the sale deed executed, and non-production of the same in the court of law, makes the sale deed as invalid.
3. And for using the POA for registration of any sale deed, the said POA must be registered, but not notarised only.
4. When the POA is not registered then its use for the registration of the sale deed is “void ab initio”.

. earlier, sale deed registerd based on unregistered POA used to be considered as valid. However, if the said POA is proved to be invalid then any subsequent act based on the saiod invalid POA is also to be considered as invalid. 

After the year2011 it became mandatory to register POA Deed for the transaction of immovable properties.

The tenant has a registered sale deed in his possession which certainly has an evidentiary value.