A person sells a landed property in Kerala on the strength of Power of Attorney from the principal at Mumbai in year 1999 which was not registered with the sub-registrar office at Mumbai, a criminal complaint is filed in 2013 based on a RTI reply dated July 2012 from the sub-registrar office at kerala where the property is located. Since the sale is done on an illegal document which is flouting Section 17 of the Transfer of property act 1882 can a civil suit be filed at the court in kerala to restore back the title of the property to the original owner?
Asked 1 year ago in Property Law from Mumbai, miraroad, Maharashtra
a suit for declaration can be filed in kerala seeking to declare that the power of attorney and the sale affected in 1999 as null and void and not binding on the original owner.
1) registration of power of attorney was not required in 1999
2) it was sufficient if it was duly notarised
3) if POA had been executed property could have been sold by holder in kerala
1. The sale made on the basis of an unregistered GPA is illegal.
2. The filing of the civil suit is the most appropriate legal remedy to have the sale declared as illegal.
From your question I guess, the criminal complaint has been filed by the original owner of the land. Yes, a civil suit can be filed challenging the sale proceedings by the original owner.
1. Yes, file a declaratory suit praying for declaration that the said sale deed registered with the help of unregistered POA is void at law and also for direction upon the registrar to cancel the said registration,
2. Engage a local lawyer having expertise in this field.
Hi, you have to file civil suit for stating that power of attorney executed by so and so is not binding on you and also declare that i am the absolute owner of the property.
2. You can file a suit where the property is situated.
The original owner if happened to be the principal to the alleged power agent, can very file a suit for declaration to declare the alleged sale deed as null and void on the basis of fraudulent and fabricated GPA document but I am afraid the suit will be barred by limitation because it should be within three years from the date of such knowledge.