I am an NRI, engaged in a property dispute with a developer in Mumbai which led me to file a complaint at the NCDRC, New Delhi. The developer has not been able to provide possession of the premises as promised in the allotment letter. We have taken him to the consumer forum seeking compensation for the delay in possession. While the case at NCDRC is in progress, the financial institution that funded the project has put up an auction notice for sale of the property due to a loan default by the developer. In order to ascertain our rights to the property, we are thinking of filing a lis pendens with the registrar in Mumbai on certified copies of the consumer complaint and court orders to ensure that the new buyer recognizes our right to the property.
1) Will the registrar in Mumbai register a lis pendens based on consumer tribunal order/ complaint? http://18.104.22.168/ncdrcrep/judgement/210120906091325188A%2009%2086%20106%20107.htm – Point 7 in the case indicates that a consumer forum complaint cannot be registered as the forum is not included specifically in the Indian Registration Act. Could you please clarify whether I can file a lis pendens?
2) I am looking to give POA to a blood relative in Mumbai with reference to all matters, more specifically legal matter associated with this property. Can you help me draft a specific POA and what would you charges be? Does the POA need to be registered in Mumbai or just a notary is fine. I will be grateful for an early response.