Legal Question in Landlord & Tenant Law in India

I am 66 years old man tenant of Godown at Gujarat from 1976 owner was ASHOK Mumbai .who expired in 1996 than some PRABHUJI become owner by way of poa which poa given by ASHOK (But registrar has no copy of such poa . Than he produced faurged NOC of ASHOK'S FAMILY BUT HE DOESN'T I FORUM US WHO IS NEW LAND LORD THAN HE SOLD IT TO RAMAN IN 1997 BUT NOT INFORM US WHO IS NEW LANDLORD NEVER DEMMANDED RENT AFTER THAT THEY SOLD TO THERE PARTNER SERMAN IN 2010 BUT NOT INFORM US. AFTER THAT SERMAN WHO HAVE 5 GODOWN IN SAME AREA HAS GIVEN NOTICE FOR PASSESION IN 2011 AT THAT TIME WE DEMMANDED ALL DOCMENTS FROM REGISTRAR AT THAT TIME WE FOUND THAT MR. PRABHUJI HAVE FORGED NOC OF OUR ORIGINAL LANDLORD FAMILY MEMBERS. NOW WHAT WE CAN DO IN THIS CASE


Asked on 8/16/16, 11:02 am

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Sir

First of all, Property cannot be transferred by way of a PoA. Also, when a person expires, his Power of Attorney also expires with him. So, the PoA does not confer any right, title or interest of Prabhuji in the Godown of Ashok, nor can Prabhuji sell such property, after the death of Ashok, to any other person, based on such PoA. So the entire transactions seems bogus, fradulent and fictitious.

However, the proceeding should be initiated by the family member of Ashok. Can you inquire what is the stand taken by Ashoks Family members. However, it is not necessary that only Ashok's family member can initiate legal proceedings, you being a tenant, and having tenancy right in the godown can initiate Criminal Proceedings of fraud / scam against this Prabhuji and others for trying to usurp the property of Ashok.

You can lodge FIR 465, 467, 471, 472 of the IPC against this prabhuji

Feel free to contact should you have any question or require any assistance

I am based in Ahmedabad, Gujarat

Regards

Vivek N Mapara

www.vnmlaws.com

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Answered on 8/19/16, 11:53 am


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