Legal Question in Real Estate Law in India
1. in 2000 i gave power of attorney to my mother (GPA) . i was in usa at that time and it was notarised but not atested by consulte or anything simply notarised.
2. same year they have sold a property and collected the money into joint account of mother and brother.
3. i cam to know about the same only after 10 years as its a land and its aquired by my late father
neither the proceeds have been accorded to me nor compensated.
4. mother is helpless as brother took the money .
5. can i contest the sale or contest for the money ?
6. i see that power of attorney for sale of immovable property has to be registered or attested by the consule general .. is that power of attorney still valid for sale? did i unknowingy gave the power to sell?
7. GPA was given to collect a student loan on behalf of me.
5 Answers from Attorneys
What was the content in the GPA given to your mother ? The GPA is invalid to begin with. If your father was the owner of the land , has he died intestate ? Please clarify.
yes, you can contest the sale as the property in india cannot be sold on the basis of a notarized power of attorney. the power of attorney needs to be duly registered and in case you were in US at that time, the same should bear the seal of consulate. you may challenge the sale.
thats ryt seal should be there
in case you want, you may send the GPA on my mail I.D. so to suggest better.
Have your facts cleared first.
If there are no powers of sale, then you may contest sale, subject to law of limitation.
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