No need to bow down to pressure tactics
since deed of confirmation has been executed by all legal heirs sale deed would not be set aside
claim is barred by limitation
Hi, I have executed Sale deed through Power of attorney of a Deceased Person (Land Owner) considering the POA couple with Interest as there was financial transaction occurred between me and the donor. after executing the Sale deed in favour of Third Party, I also got the Deed of Confirmations from the Legal Heirs of the Deceased Person (Land owner) confirming the said transaction and acknowledging the same transaction. as of now, 6 years has gone after the sale deed and now the one of the legal heir wants to challenge the sale deed and giving me threats for extra money or share in Land portion. As per my understanding my only default is the "declaration" which i made during the registration of sale deed and declared the Donor (POA issuer) as alive on the day of executing the registered sale deed. and actually i was also not aware about the death of the Donor (POA Issuer) and that's why i pursued the registered deed of Confirmation from the Legal heirs after the same. Please advise
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No need to bow down to pressure tactics
since deed of confirmation has been executed by all legal heirs sale deed would not be set aside
claim is barred by limitation
Sale deed executed after death of principal is invalid. But as the sale deed is confirmed by legal heirs of deceased principal, it is regularized. The legal heir challenging sale deed can do so only to the extent of his share in the property if the interest received by principal is sufficient, he cannot question the sale deed.
According to the Supreme Court of India, a power of attorney (PoA) does not confer property title if a sale deed is not executed and registered to validate the PoA, and no action is taken by its holder. A PoA is merely a document that allows the principal to appoint another person as their agent, conferring authority on that agent to perform certain acts or functions on their behalf. A PoA is usually terminated when the principal dies or becomes incapacitated3.
In your case, it seems that you executed a sale deed through a PoA of a deceased person, who was the land owner. This may not be a valid transaction, as the PoA would have become invalid after the death of the principal. The legal heirs of the deceased person would have inherited the property as per the law of succession. Therefore, you should have obtained the consent and signatures of all the legal heirs as sellers in the sale deed, not just as witnesses in the deed of confirmation. Their signature as mere witnesses would not suffice to transfer their rights and interests in the property.
You may have to face legal challenges from the legal heir who wants to dispute the sale deed and demand extra money or share in land portion. You may have to prove that you acted in good faith and were not aware of the death of the donor at the time of executing the sale deed. You may also have to show that you paid a fair consideration for the property and that there was no fraud or coercion involved.
If you had registered deed of confirmation from all legal heirs and paid stamp duty and registration charges as per Gujrat state law. Than no need to worry about it.
Kindly check whether all legal heirs were above 18 years old and sound mind at the time of making Deed of Confirmation signed.
Let him go and challenge POA further you can counter same with Deed of Confirmation.
- As per law, the limitation period of filing a declaration suit is 3 years from the date of execution of the deed
- Since, the said sale deed was registered 6 years before , then it cannot be cancelled even by the court.
- Further, as you was not aware about the death of the principal of the POA i.e. the land owner and hence on this ground a case also not maintainable against you , as it was the duty of the legal heirs to inform you for the said happenings.
- Further, if the legal heirs issued a Confirmation letter for confirming the said transaction , then they cannot refuse for the said transition done in favor of third party.
1. If the POA has any money/amounter mentioned, then the POA does not become Null and Void on the death of the Principal, who gave POA in your favour.
2. Your action of getting the Confirmation Deed registered is in order.
3. Ignore the threats by one of the legal heirs for demanding extra money or share in land portion by lodging a Police complaint against that person as you were unaware of the death of the Principal, who gave you POA.
The POA deed coupled with interest is very much valid to the extent of the consideration amount passed by the power agent to the Principal even after the death of the Principal.
There was no necessity to go for a confirmation deed by other legal heirs.
However since everyone have executed the confirmation deed by a registered document,the claim being made by one of the legal heirs is not maintainable.
a POA coupled with interest is not revocable. however if the donor dies, the POA comes to an end.
so on the date of registration of sale deed, you had no authority or power from the owner to sign and register the sale deed
as you did not have any title over the property, you could also not pass on any better title in favour of the purchaser
the title vests in the legal heirs of the deceased owner
by executing a deed of confirmation by the legal heirs, the title and property are not transferred to the purchaser
the legal heirs were required to sign and register a sale deed in favour of the purchaser for proper conferment of title
so it can be said that the sale did not happen at all
since the legal heirs had executed the deed of confirmation in favour of the third party, though that deed would not confer any title on the third party, but the deed is binding on the legal heir so far as the factum of sale is concerned
so one of the legal heirs cannot now turn around and say that he will challenge the sale deed
that legal heir had agreed and declared in the deed that the sale did take place
so what is required to be done is for the 3rd party to follow the legal heirs and make them sign and register a sale deed in his favour with you as the confirming party
let me see the provision and get back with more inputs
Dear client,
In India, the sale of property through a power of attorney (POA) granted by a deceased person can be complex and may raise legal issues. Here are some points to consider:
False Declaration: Making a false declaration about the donor (POA issuer) being alive during the sale deed registration is a legal issue. It may impact the validity of the sale deed.
Legal Heirs' Confirmation: While you obtained a deed of confirmation from the legal heirs, it's essential to ensure the validity of this document. Their consent may not necessarily resolve the issue if there were discrepancies or misrepresentations in the original sale deed.
Legal Action: If one of the legal heirs is challenging the sale deed, it's advisable to consult with a legal expert in India. They can provide specific advice based on the details of your case and the relevant property laws in your jurisdiction.
Negotiation: If there's a dispute, it's often beneficial to explore negotiation and mediation options to resolve the matter without resorting to litigation.
Document Review: Ensure that all documents, including the POA, sale deed, and the deed of confirmation, are thoroughly reviewed by a legal professional to assess their legality and validity.
Legal Remedies: Consult an attorney to understand your legal rights and potential remedies. The outcome may vary based on the facts and circumstances of your case.