• FIR

Respected sir my name is vipul patel from surat gujarat.sir my question is
“one person have admisrative power of attorney and he sale land on behalf of who give him power without knowledge of who give him power to third person,then sir F.I.R lunched against poa holder and the third person who purchased the land from poa holder , then they going in Gujarat high court ,Gujarat high court say there is no power of sale in poa so F.I.R.is right and supreme court also positive on Gujarat high court judgement ,After that the third person die during this case, but now her wife clime on land which one purchased from poa holder.and she is going to try to enter in 7/12 of property,so my quotation is can his(purchaser) wife enter in FIR ,recent stage of case is on framing charge.
Asked 1 year ago in Property Law
Religion: Hindu

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13 Answers

Suit has to be filed to set aside sale of property by POA holder 

 

2) purchaser wufe has to be made party to suit 

 

3) seek injunction restraining sale of property by his wife 

 

4) civil and criminal proceedings are separate 

 

5) FIR is filed for punishment 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

If she tries for 7/12 then she will be included as co accused.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

There is no stay order passed by civil court restraining mutation of property in name of legal heirs 

 

application can be made for mutation in name of spouse 

 

3) if you want mutation to be stopped draw attention of authorities to pending criminal case 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Dear client,  

based on the information provided, it seems that the Supreme Court has already upheld the Gujarat High Court's ruling that there was no power of sale in the POA. Therefore, the sale of the land by the POA holder to the third person was not valid.

Regarding the involvement of the purchaser's wife in the FIR, it would depend on the specific circumstances of the case and the laws in place in the relevant jurisdiction. It would be best to consult with a qualified legal professional for guidance on this matter.

 

 

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

Yes it can be filed afresh 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

The purchaser if was impleaded as one of the accused in the FIR, and has subsequently died then the case against the accused stands abated, hence his legal heirs cannot be impleaded as parties to the criminal case as accused.

If his wife claims the property then she may have to approach civil court for remedy.

.

The registered sale deed in the name of the deceased husband has not been recognised as a legally valid sale deed hence she may not be able to maintain any civil suit claiming title to the property.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

No, she cannot be arrey in the accused however as the sale is not valid she is not entitled to enter in 7/12 in the revenue documents.

Feel free to call 

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

- As per law, a POA holder if not from the family owner of the property , then he cannot sell & transfer the property .

- Further, as the Court has already declared that POA is invalid , then the said transition of sell in the name of third party also become invalid , and he has not ownership in the land.

- Hence, after the demise of third person , his wife cannot claim any right over that property on the basis of being legal heir.

- Further, as he already died, then the FIR against him also come to end and his wife cannot be involved in that FIR. 

Mohammed Shahzad
Advocate, Delhi
13228 Answers
198 Consultations

5.0 on 5.0

Contact for same.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

When there is no valid POA sale to third person is not valid, his wife cannot claim any right on the property. She cannot enter in to  FIR as complainant but she can be added as accused. There are many judgments of SC and High Courts on the point.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

dont have any judgments 


judgments depend upon facts of each case 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

The purchaser's wife as his successor in interest can cl;aim the rights over the property on the basis of the registered sale deed, however if this sale was obtained by fraudulent means, then the sale deed itself may not be maintainable.

The wife has to look for remedies through any other procedure of law.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

The situation seeking judgment or grounds that you rely upon for asking a judgment copy is not clear, hence you may better approach yor own lawyer who will be able to procure a copy of the judgment suiting to your situation

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

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