power of attorney is not valid for 100 per cent sale of property
seller did not have 100 per cent share in property
hence could not have sold full property
your father has to file suit to set aside sale of property
Power Of Attorney for Full Property when owner of Part Property
Hello, On the 7/12 extract my Dad's uncle's name was for 50% property. My dad is the owner via sale deed since 1973 but since it was tukda my dad's name was not changed on the 7/12 extract and his uncle's name was there on the 7/12 extract for 50% property. The person holding the rest of the 50% of the property created agreement for sale for the full 100% and also created a power of attorney for the full 100%. He subsequently got 100% share by performing a fraudulent "waras tapas" however at the time of creating the power of attorney he didn't have 100% share. Is that power of attorney valid. Thanks,
Asked 2 years ago in Property Law
Religion: Muslim
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7 Answers
You can get, as of now, a "stay" on the Agreement to Sale. Plus, file a case under RTI about how he got "waras tapas" and created the POA accordingly.
Get the family history land records up-to-date from the Talati office.
Last time, I explained to you the same question.
If the person is not having title to the entire property but has executed a POA deed for the entire property, then the power deed may be valid only to the extent the principal having ownership to the property.
The sale deed executed by the the power agent for the entire property on the basis of the POA deed would be invalid.
The person who owns another 50% of property can file a suit to declare the sale his share in the property as null and void because it was sold fraudulently and also can seek partition of property for separate possession of his share in the property after proper partition, provided the entire property remained undivided until then
Dear client,
No, the Power of Attorney is not valid as the person can create power of attorney only for his share.
No it’s invalid you can challenge the same in court along with sale deed
your father will have to file a suit for a declaration that the agreement and POA made by your dad's uncle in favour of some third party is not binding on your father and also to declare that your father is the absolute owner of the property
mere entry of name in 7/12 does not constitute title. for your dad's uncle to claim 100% title over the property he needs to have a duly registered deed in his favour, which seems he does not have
so even if your dad's uncle's name reflects in the 7/12, in absence of a registered title deed in his favour, he cannot claim any title
also your dad will have to apply to the concerned authority for deleting the name of your dad's uncle from the 7/12
- A 7/12 extract is not the same as a property title or ownership certificate, and only having this extract in his name is not sufficient to sell the property
- Hence, the share of your father in the property has not been transferred , and your father is legal owner of the property
- Your father can lodge a complaint before the police against him for the said nefarious of act , and can file a suit for Declaration and Injunction before the court for declaring the said POA invalid and to restrain your uncle or his family members from interfering in the share of your father.
