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Is sale of land on notary power of attorney without payment valid
22-Jul-2023 (In Civil Law)
A land in Jhargram, West Bengal was sold by some Mr. Roy to five different persons on the strength of a notary power of attorney obtained from my late father with myself & my wife as witness under false verbal promises. However no payment was made to us latter on. is the process of selling the land on the strength of notary power of attorney without any payment to us is legally valid? Can I now recover the land which has already been mutated in the name of others in the meantime?
Power of attorney has to be registered if it is dealing with the execution, transfer of the immovable property. Notorised Power of attorney is not valid for transfer of immovable property.
Further, was there any agreement for payment as you stated to be made latter on.
You can file a suit for declaration for nullity and cancellation of sale deed.
Further, was there any agreement for payment as you stated to be made latter on.
You can file a suit for declaration for nullity and cancellation of sale deed.
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Adv. Sunderjit Nanua
Kolkata | 25+ Answers
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Property sales through the common practise of general power of attorney will not give ownership title to the buyer. In a landmark judgement supreme court said that through GPA nobody can sale other property.
For more details you have to give me few question's answer So that i can give you proper guideline.
For more details you have to give me few question's answer So that i can give you proper guideline.
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Adv. Lucky Mukherjee
Kolkata | 25+ Answers
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