plots bought on power of attorney now seller not doing registry
27-Sep-2023 (In Property Law)
My father bought a property around 2002/03 in nagpur 2 plots different location both on Power of attorney , the builder alwaysamlways ade excuses whenever my dad asked him to do registery and now he is asking money for registery 3lakhs (current price of property). I don't know much about the law but heard that by nee law power of attorney is invalid now only registery is valid. Is there any scope of getting back the property .
You have not mentioned if property is bought on stamp paper. What agreement did you make with the seller. Who's power who had given. Your query is incomplete therefore cannot be answered at this juncture.
Helpful?
19+
Can a registered GPA holder sell the property
Supreme Court judgement on sale of property through GPA
Special Power of Attorney validity
Validity of power of attorney for property
Supreme Court judgement on sale of property through power of attorney
General power of attorney validity period in Tamil Nadu
Without going through documents, it is difficult to express any opinion.
Still adding some points for your help-
1. Scope for asking specific performance from builder may be possible so as to get said plot.
2. There may be scope for criminal proceedings against builder.
3. If rights in plot cannot be a acquired, any money paid to builder can be taken back from him.
4. If money is taken in return, penal interest can be claimed from builder.
These may be possible ways ahead, but after due procedure with planning.
Still adding some points for your help-
1. Scope for asking specific performance from builder may be possible so as to get said plot.
2. There may be scope for criminal proceedings against builder.
3. If rights in plot cannot be a acquired, any money paid to builder can be taken back from him.
4. If money is taken in return, penal interest can be claimed from builder.
These may be possible ways ahead, but after due procedure with planning.
Helpful?
18+
First of all check with a local lawyer about the validity at the time of executing the power of attorney deal in lieu of land. If it works out to be legally effective at that time then you can file a suit for specific performance on the builder.
Helpful?
18+
What documents your father is having is relevant.Is it only power of attrony executated in your fathers favour or Is it agreement for sale executed by power of attorney of Builder.
You can file suit under MOFA act against builder. Builder is bind by act of his agent
You can file suit under MOFA act against builder. Builder is bind by act of his agent
Helpful?
20+
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