For sale of flat in 2019 you need registered POA
2) registration of POA is mandatory
3) notarised POA for registration of Sale deed is not sufficient
Sales deed registration on May 2019, with General POA notarized in year 2008
Sir, myself is Secretary of co-op. society situated in Mumbai. Our Hsg society register under Late Smt Mrinaltai Gore , Nagari Nivara Parishad on Govt land ( collector approval)for weeker section. in year 2005. Govt of Maharsahtra put the some of the terms and condition for the sales of the this flats. 1. Purchaser must have stay in 15 years in Maharashtra. 2. He may not be owner of any flat in the area of Mumbai. 3. He must have the monthly income less than Rs 20,000/- 4.Flat cannot sold within 5 years after the date of OC One of of member violated all this terms and sold his flat in year 2008. and made only sales deed without registration on material times. He notarized the power of attorney in year 2008. Now he obtained the transfer flat permission from collector.He register the agreement on May 2019 on the basis of 2008's notarized General POA. In the sales agreement Purchaser & seller place signature , photo, LHT are of the same persons. ie. new purchaser of the flat. Payment receipt is also signed by new purchaser himself. they have submitted the deceleration that POA maker is alive and not revoke the POA till date,which we fill fake declaration. Sir, please guide in this regard. This sales Deed is valid? We can challenge this in Court. Regards Arun Mhatre
Asked 6 years ago in Property Law
Religion: Hindu
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11 Answers
1. If the Sale Deed was Stamp Duty paid & Registered in May-2019 before the Registrar of Sub-Assurances, THEN the sale deed is legally valid for all purposes, since it satisfy the transfer restriction criteria of 5 years from OC.
2. question arises is how was "transfer flat permission from collector" was obtained without the NOC of your Society. This needs to be checked. IF Society NOC was not given, THEN said Transfer can be stopped & challenged.
3. Unregistered Agreement to Sale of 2008, has no value in law, BUT Sale Deed of May-2019 is fully valid in law.
SERVICE CHARGES IN MAHARASHTRA HOUSING SOCIETY:
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If you suspect any fraudulent activity involved in this transaction, you can very well enumerate all your suspicions as queries and issue a show cause notice to the seller and instruct him to give a satisfactory reply within a time stipulated, and if the reply is not satisfactory and if you have discriminatory evidences to prove that the transaction is based on fabricated document as well as the intentions are fraud, you may very well stop and reject their request for sale of the property and can even lodge a criminal complaint against the purported sale and the seller for his illegal activity.
See if the property is registered vide POA and the principle who signed POA is alive then in that case the sale deed cannot be challanged as the property is registered after appropriate permissions. In case the property is registered after.demise of original owner then only it's validity can be challanged.
How can you say that the declaration given by the purchaser that the POA is still subsisting, is fake?
One way to check that is to apply for a death certificate from BMC of the member to ascertain if he is alive or not
If no records are found then it means the POA may be valid
If not then POA may have come to an end
It appears that the collector has been managed
Check the collector's order granting the member permission to transfer
If the permission is in violation of the terms grant then the collector's permission needs to be challenged by filing a writ petition in high court
If POA holder is not alive than only Sale deed is void. But if POA is irrevocable than sale deed is valid.
And when some rules enact, 10 ways always invent to fail that rules. This person acted smartly. No offense committed. Only if you can prove the whole sequence than this sale can be canceled by court.
If the same sale deed in mentioned in the sale deed than you can challenge on above grounds. But kindly go through the POA and check its term and conditions compare with all bylaws mentioned by government along with sale deed as well.
POA has to be registered compulsorily when it is dealt with immovable properties.
This is my response to you:
1. How can you prove that the sale deed actually happened in the year 2008?
2. Who was the owner and who was having the possession of the flat?
3. You will need to clear certain doubts. A case filed in court must contain accurate facts otherwise it may be dismissed in the beginning itself;
4. Consult a local lawyer, discuss full facts and take steps.
Yes you can go for cancellation of the said sale deed in Court.
Yes the sales deed executed on POA of 2008 is valid of principal of POA is alive as given in affidavit.
But if he is not alive then you can challenge the sales deed in court.
