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Register home using power of attorney
18-Jan-2023 (In Civil Law)
Hi Sir,
My father has bought a property using power of attorney in the year 2000.He was unable to register the property as the house has gone into the mahada redevelopment plan.As per plan/mhada rule, my father cannot register the property on his name.So now the seller is demanding more money from my father.But we have stamp paper with us.Now the building is ready and we want the house key.How can we proceed further against seller.Please advise.
Your question is complicated and incomplete. Based on the information you have provided, you will have to go for specific performance of the agreement calling upon the seller to make himself present for the registration process. Even though the document was not registered then, you have performed your set of obligations and he is running away from performing his obligations.
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Adv. Rishikesh Gherade
Mumbai | 100+ Answers
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The title to the property is not good rutile as per law. No new buyer will have a legitimate title to the property unless the registration charges for the same are paid.
No property dealing which takes place on the basis of a poa which is not registered by paying necessary stamp duty is considered legal and binding on the other party. Ideally you cannot proceed against the seller.
No property dealing which takes place on the basis of a poa which is not registered by paying necessary stamp duty is considered legal and binding on the other party. Ideally you cannot proceed against the seller.
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Adv. Garima Anil Mehrotra
Mumbai | 500+ Answers
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You have to file a case in Court against the Seller for commiting cheating with you with Criminal Conspiracy for selling the property to you without getting the property transferred in your name by going for the Property Registration.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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