Advocate Sachin V Prayag

Questions Answered by Advocate Sachin V Prayag

Q: Gave money to friend on verbal agreement now not returning money

I had given my friend 35000 thousand rupees on verbal agreement that whenever i require you have to return it .i had given many reminder to pay back the amount but he is delaying it .i have no written documentation .how can i recover .

Advocate Sachin V Prayag answered
Hello You have to collect a a cheque for an amount of Rs.35000/- from you friend without mentioning a date on it.and convenience to your friend that the said cheque is taken as a security against the said amount.And take a time limit from your friend from the repayment of the said amount and if he fails to repay the amount within a stipulated time then present a cheque for clearance in to the concerned bank and if it is dishonour then send a legal notice to your friend and if your friend is not taking the serious cognizance of the legal notice which send by you through your advocate then file a complainant before Judicial magistrate of first class u/s 138 of N.I Act.

Q: What is the validity of an unregistered POA

I had given the power of attorney to my mother along with my brother and 2 sisters on 22/07/2000, after the death of my father for my ancestor’s house in our native place (Raigad District). POA is not registered; only Notary has been done. On May 2015, I knew that all of them without informing me gave that property to a builder for development. Now the building is ready. Then immediately I revoked the POA by giving proper notice to my mother through advocate. Can that transaction be illegal, as POA is not registered? Is there any time limit for POA? I have heard that Supreme Court has recently ruled that a POA for immovable properties should be registered. I do not know whether she has registered the transaction with Builder in registration office. If not, my presence in the registration office is necessary or not? Do they require my signature, thumb impression, photo, etc in the presence of Registrar? Can I execute stay order?

Advocate Sachin V Prayag answered
Yes you can file a suit for perpetual injunction and khas possession of the said land property from the concern builder who develop the said land.first thing is that you are one of the legal heir of your father and you have a equal right in the said property . Being as a legal owner it is obligatory on the part of that concern builder to obtain your consent and signature by using legal means . So without obtaining your consent and signature the Development agreement which was executed between your mother and other legal heirs of your father totally is illegal and void in the eyes of law. Second thing is that the power of attorney was not duly registered before the Register. so the document which is not duly register before Register has no any legal value in the eyes of law. So you can challenge all this things before court of law by filing a separate suit.Thank you.From- Adv. Sachin Prayag,Pune.

Q: Is it legal to sell ancestral property without consent of legal heirs

We are Indian christian family having ancestarial heridetary agricultural property in mumbai. In the year 1981 my grandfather sold this ancestral agricultural land as his name was in record of rights. My question is whether my grandfather sell this ancestral property without my grandmothers and their childrens ( matured,all above 18 years ) taking their conveyances and not taking them into consideration in selling land. Is there any section in heridatory act or indian succession act that can help us to state that this sale is bad in law ??

Advocate Sachin V Prayag answered
Yes, you can challenge that sale transaction which was committed by your grandfather without obtaining the consent of his family members.as per the provision of Indian succession act ancestral property cannot be sale without obtaining the consent from other member of the family and if it is sold without obtaining the consent from other family members then in that case the members of that family may challenge the sale transaction by filing a regular civil suit for declaration of sale-deed null and void from the court of law.