• Property sale duplication

D.   /v ear Sir, 
   
My father had purchased one acre of land in AP in 1991. He however did not get a registered sale deed instead he took a power of attorney from the land owners. In 1998 he sold the same land to me..via sale agreement ( unregistered). I have been away from the local place of purchased land and due to my job purpose travelling. However i recently did an encumberance search and found the previous owners have sold the land to another person via registered sale deed who has in turn divided the land into small plots and sold a portion of it to 3 others (1840yds of 4840 yds). I would like you to kindly suggest how I should pursue this and whether my case is strong and Good to get a favorable verdict.
Asked 8 months ago in Civil Law from Hyderabad, Telangana
1) mistake your father made was not asking seller to execute sale deed in his favour 

2) in addition your sale deed is un regd 

3) sale deed  which is unregistered is in admissible in evidence 

4) does your father have any evidence of consideration paid to seller "? 

5) kindly clarify 

Ajay Sethi
Advocate, Mumbai
23079 Answers
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In your case the unregistered document has no validity in the legal sense. So the transaction of land infavour of you is not create a legal transaction of immovable property. 

Is the power of attorney is a registered one and duly stamped? 
When did the old owner sold the property to others ? Check the date .
If the date of sold the property soon after executing the power of attorney then your father can claim damages and return of money . But he has to get over the period of limitation. Consult a local lawyer or provide the details of power of attorney and sale deed 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
1) registration of sale deed has to be done within period of 4 months 

2) with penalty another 4 months 

3) sale deed which is not regsitered is in admissible in evidence . 

4) file complaint of cheating , criminal breach of trust against seller . 

5) you can file declaratory suit that you are owner of the property but problem is your sale deed is un regd 

Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1) we do no advise you to fabricate documents

2) it is an criminal offence 

3) file cheating case as advised earlier 

4) if agreement for sale is un regd in name of father friend you wont get certifed copy from sub regsitrar office . 

5) you can rely upon xerox copy when original is lost 

6) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
I would like you to kindly suggest how I should pursue this and whether my case is strong and Good to get a favorable verdict.

Your father did a mistake by not getting the registered sale deed on his name during the time of purchase, instead he made a power of attorney deed.
The power of attorney deed was no doubt valid but an unregistered  sale agreement is not at all valid.  Further neither he nor you bothered to execute a proper sale deed in your favor hence the sale agreement is very badly barred by limitation at this stage. 
Legally speaking, an unregistered sale deed itself is not valid, so the question about an unregistered sale agreement does not arise at all. 
So mistakes after mistakes are found in your side.  
The original principal would have cancelled the power of attorney deed in your father's name and might have sold the property to a third party and the sale transaction cannot be said to be illegal or invalid. 
You have not mentioned that under what relief you have approached court?
So, wait for the outcome of the court verdict. 
T Kalaiselvan
Advocate, Vellore
13883 Answers
127 Consultations
5.0 on 5.0
Sir, my father was a govt employee hence he purchased the property on his friends name through an agreement of sale ( not registered) and got Gener Power of Attorney (registered at local sub registrar office) In his GPOA its mentioned by the owners that they have received full sale consideration from fathers freind and they are assigning my father as GPOA holder to perform any transaction including transfer of rights or sale of the said property. The above transactions were done in 1991. However my father expired in 1998. Soon after his death the previous owners have conspired and sold the same property to another person. As the GPOA is registered and since my father had all sale rights he sold it to me. However since he was unwellwith critical illness for his last part of his life I couldn't get it registered. My Father's Freind has also expired. Pls suggest as it's a huge financial loss to me and my family as the owners have cheated. Would want your advice on how this can be tackled.

This property was purchased ion your father's friend's name only and not on your father's name.  Though your father had a registered GPA on his name, the GPA stands cancelled or becomes infructuous on the death of the power holder. Therefore the rights on the property will automatically vest on the principal or the owner once again. 
If your father was a government employee and he got his GPA also registered, what prevented him from registering the sale agreement executed on you?, Also why did he not execute a sale deed directly instead of making a sale agreement. He is prudent and knowledgeable about this aspects so any excuses made now may be acceptable by the court.   Please be aware that the court will go by law and the documentary evidences produced before it and not the sentimental scenes created before it. 
T Kalaiselvan
Advocate, Vellore
13883 Answers
127 Consultations
5.0 on 5.0
Sir, is it possible for me to file a case on behalf of my fathers freind ( expired) on whose name an agreement of sale was done by the owners.  I have a blank signed stamp paper from my Father's Freind. Can I use it as a will deed given by him for the said property, and use it for filing a court case against them demanding them to register the property or refund the amount with interest. OR  should I use my Father's registered GPOA as basis and file a cheating case on them. Another aspect is I don't have the original agreement of sale copy on the name of my Father's freind. I only have a Xerox copy( is it good enough for filing case) ,but since GPOA is registered i can obtain certified copy. Pl suggest.

All those questions what you have asked above are practically not possible and legally not tenable.  If any advocate promises you to get some relief by trying some hook or crook means, you may continue to extend the monetary, physical and mental losses if you are firm about going through the litigation process. Hence decide wisely.
Instead ask those parties directly to consider your case on humanitarian grounds and allot you with at least 50% share. 
T Kalaiselvan
Advocate, Vellore
13883 Answers
127 Consultations
5.0 on 5.0
Please do understand the meaning of power of attorney 

A power of attorney is an authority given by one person to another, authorising him to act on his behalf. According to the Power of Attorney Act 1882, power of attorney 'includes any instrument empowering a specified person to act for and in the name of the person executing it'.

Immovable property can be legally transferred only by way of a deed of conveyance which is duly stamped under the provisions of the Stamp Act applicable to the state in which such property is situated, as well as registered under the provisions of the Registration Act, 1908. 

So in your father's life time ,he has every right to transfer the property to any person.If he is not transfer the property in his life time ,after the death the original owner has right to transfer the same. Actually by creating a POA ,the ownership and title over the property is not transferred from original owner to POA holder. POA holder got the power to transfer the title to on behalf of original owner. 

When i read your words it seems that your father had given the sale consideration through his friend.  It can be used as evidence in favour of you.But not too much hops are not available
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
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When your father purchased the land the sale through POA was considered a valid conveyance. However, brakes were applied on this practice by the Supreme Court in the case of Suraj Lamps. It seems that fraud has been practiced by the seller by selling a property the title in respect of which had already been conveyed by him to your father who further conveyed it to you. The remedy for you is to file a suit for declaration of the subsequent sale as illegal and consequent recovery of possession as you became the owner after sale. 

Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
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In addition to civil proceedings a criminal prosecution for cheating, breach of trust with criminal conspiracy should also be launched against the seller. If you have the registered GPA then you stand a fair chance of success in the court. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0

The lawsuit has to be filed by you in your capacity as the owner of the property in view of the fact that your father had sold it to you on the basis of GPA executed in his favour.  The sale agreement is immaterial now. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
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however transfer of property valued more than 100 rupees, on unregistered sale deed is void in law. you can file a case for the registration and possession of the property on the ground of POA. 
Seller has dmitted in the POA that he gave right over the property after receiving full consideration. according to section 53 A of the TP Act you have right to get performance of agreement because you have performed your part by giving consideration. section 53 A says that when agreement is partly performed and only registration is waiting then court is empowered to give order for its full performance. 

contact a lawyer of your city and file a suit under section 53 A. if seller admitted that he had already sold out this property to someone else then he is bound to give compensation. 
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
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