Legal Question in Real Estate Law in India

If A & B are joint owners of a property.

And if B sells off this jointly owned property to C without the consent & knowledge of A through a false & fabricated P.O.A. which is not registered.This P.O.A. is notarized. My question is : Who is at fault :

1) B for selling off the property fraudulently or

2) C for buying such a property based on a P.O.A. not registered & knowing the same.

I am referring to a flat worth 3 crores based in Mumbai.

Thank you.


Asked on 2/12/12, 1:18 am

4 Answers from Attorneys

U can register FIR against both and challenge the sale deed and u also can file civil suit

Read more
Answered on 2/12/12, 1:25 am
www.lawconcern.com S.Seshadri www.lawconcern.com

The deeds of conveyance must be studied besides the POA to advice specific and successful course of legal action. [email protected]

Read more
Answered on 2/12/12, 4:34 am
Shrichand Nahar S.V.Nahar, Advocate

If B is owner, he may give power of attorney of his property or share to any person of his choice.

Mere non-registration of power of attorney does not make it illegal or fraudulent.

Read more
Answered on 6/11/12, 10:24 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in India