Free Legal Advice - property dispute
Posted by: PRASANNA KUMAR
Posted on: 2019-06-09
With respect to your query, the legal opinion is as under:- (1) The sale deed is void even by the POA holder if your share has been transferred by him. (2) At the worst, the sale deed is valid to the extent of share of your father as per family settlement executed and registered in the year 2002. (3) Rulings are available to this effect that the POA deed stands cancelled if the status of property subject matter of POA undergoes a change with respect to title. (4) As the partition deed has been registered in the year 2002, it shall be deemed to be a public notice of change in title. (5) The POA holder as well as the purchaser was duty bound to get the sale deed executed only in the light of partition deed. The latches on the part of POA holder and the purchaser show that it is not a bonafide transaction. (6) No POA holder is permitted to use the POA to grab the property of the principal. (7) You can successfully challenge the sale deed. (8) Please give the detail whether who is in possession of the property. The nature of suit to be filed on your behalf can be decided only on the basis of status of party in possession of the property.
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