Bought flat from builder. Land owner saying POA with builder is fake.


We bought a flat. We made payment to the builder and got the registry done. Now the land owner is saying that the builder had POA which is fake. Land owner also sent us a notice. What can we do now?

Answers (3)


311 votes

A bona fide purchaser of immovable property is protected by the law.the term bonafide purchaser means an innocent party who purchases property without notice of any other party's claim to the title of that property.
Thus, if you can prove that you had no idea about the fake POA then the landowner cannot make any claim against you. Forward the legal notice to the builder and verify the landowner's claim about the fake POA.
If you discover that the POA is fake then file a suit for rescission of the contract between you and the builder and for the recovery of money and compensation from the builder.


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274 votes

You can give reply of that land owner notice through lawyer and denying all the allegations which is made against you . And my question is to you whether that POA is registered? And whether POA legality is decided by any court..? What is the Base if POA is fake..?

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254 votes

The alleged POA entered by and between Developer/Builder and Land owner, claimed to be faked, by the Land owner, the same is required to be cancelled, revoked and terminated, before competent court, wherein land owner is required to registered a case against the Builder/Developer u/s. 467, 468, 420 of IPC.
Let it be as it is. the you being the owner/Flat purchaser, had bought the said flat by registered agreement, and presently absence of any order of declaring the said agreement /POA being fake, forged. Therefore your agreement is subsisting and in force.
You are required to reply by saying that, you have purchased the said Flat by registered agreement and had paid proper Stamp duty, therefore said agreement is valid, legal and binding upon developer as well as Land owner. If any claim against the Builder in respect of the forged POA, is required to be contested and declared null and void, by the land owner and any damages, losses had occurred same is required to be recovered from developer/Builder and not from Flat owner/Prospective Flat purchaser.
Regards.

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