• Broker sale excess land against power of attorney

I was purchase 3 kaatha land  on mar 2011 thru broker. after three years in 2014 i start constrution in my land, when my constrution made half. one day land owner son came and say stop the work. reason was land owner given the power of attorny to broker 10 kaatha & broker sale 40 kaatha land in same plot.he said only under 10 kaatha deed is legal after 10th is illigal & he  going to local police station & complain of all 25 deed holder which is purchase of land. i have orignal deed ,mutaion, rasid. in this plot only 2 home made earlier 3rd my home made then it come. when i go to local police station for this complain, police says in this time i not take any action few days after i inform then which days u don't work regularly in ur constrution.
i want to suggestion for u what we do..?
i am very harasment feel,
Asked 2 years ago in Property Law from Ranchi, Jharkhand
1. Have you not checked the POA issued to the broker before purchasing the land?

2. If he is not authorised to sell more than 10 Kathas, then the sale deed signed by the broker for selling 40 katha is invalid,

3. Talk to the broker at least for executing a sale deed of 10 Kathas & let him return the money for the balance 30 Kathas,

4. Lodge a police complaint against the broker for cheating you if he does not comply with your equest.
Krishna Kishore Ganguly
Advocate, Kolkata
13136 Answers
280 Consultations
5.0 on 5.0
If the Broker had sold you the litigated land , then file a case of cheating against the Broker for misrepresenting the facts by him and consequential loss in terms of money, mental torture etc.to you. When you had purchased the land it would have been through Sale Deed.  Was the Sale Deed duly stamped & registered. Did you not check up the contents of sale deed wherein the Survey No./Site No. would have been mentioned.  When once your name is mutated in the revenue records there should not be any problem.  You should have checked the contents of GPA executed by the Landlord in favour of the Broker and in that if your land's Sy.No./Site No. is mentioned then there will be no problem.  If the Landlord objects to your peaceful possession take injunction from the court.  Lodge a Police complaint against the Broker for cheating you.
Shashidhar S. Sastry
Advocate, Bangalore
1275 Answers
64 Consultations
5.0 on 5.0
1. First see the POA to check the veracity of the claim of son of the landowner.
2. If indeed the POA is regarding 10 kottahs of land then after transfer of first 10 kattahs the subsequent transfer is illegal and if purchased from him after the sale of initial 10 kattahs then indeed your sale is unlawful.
3. In that case you can file case of cheating against the POA holder as well as suit for recovery of money.
Devajyoti Barman
Advocate, Kolkata
6394 Answers
71 Consultations
4.9 on 5.0
It is clear case of cheating by broker if he has authority to sell 10 kaatha, he should not have sold more than that. You should have also checked it before purchasing.Sale beyond 10 kaatha is illegal and invalid.You can file case for recovery of money and also damages which you suffered by construction also file complaint for cheating against the broker.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1)no you cannot regularise construction made without landowner consent . 

2) you have been cheated by the broker . although his POA was for selling 10 kathaas of land he has sold 40 kaathas 

3) land owner will file case for setting aside sale made by the broker as POA holder . also land owner will seek injunction restraining you from carrying on any further construction on said land 

4) your best remedy is to pressurise the broker through criminal cases filed by you and others for refund of money paid for purchase of land .
Ajay Sethi
Advocate, Mumbai
25918 Answers
1412 Consultations
5.0 on 5.0
You can not be the owner of the house if you construct/ed a house on some body else's plot and the ultimate owner for the plot+house  would be the owner of the plot. Since your broker has cheated you, file criminal case against the broker for refund of your money, alongwith others who have been cheated by the broker. The landowner may bring an injunction restraining you from going ahead with further construction.
Shashidhar S. Sastry
Advocate, Bangalore
1275 Answers
64 Consultations
5.0 on 5.0
Hi, Power of attorney holder has right to sold the property only to an extent which is authorized to sell the land if he sold the land excess then you will not get any right title or interest in the property. You have to verify the documents first and then you have to execute the sale deed. And for your further query you cont regularize your construction without the owners consent if you wish to retain your property then you to execute sale deed from the owner for remaining portion provided if the owner is willing to sale.
Pradeep Bharathipura
Advocate, Bangalore
4184 Answers
147 Consultations
4.3 on 5.0
1. No, your position is very unstable as regards your construction on the said 30 Kathas of land which was illegally sold to you by he broker,

2. The land owner may file a declaratory suit in the Civil court and also file a criminal case of illegally trespassing in to his land.
Krishna Kishore Ganguly
Advocate, Kolkata
13136 Answers
280 Consultations
5.0 on 5.0
A. GPA holder can sell the property within the limit which is power authorized by the executor. The said limit 10 Khatha exceeded. Hence whole property transaction will be illegal. In the meanwhile, for your information GPA must be registered.

B. GPA holder has committed a crime under Cheating, promissory estoppel and Criminal breach of trust, hence lodge the complaint under these provision and file recovery suit against him for recovery of money.

C. You can claim damages under Section 357 of Crpc.
B.T. Ravi
Advocate, Bangalore
743 Answers
34 Consultations
5.0 on 5.0

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