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.
4 Answers from Attorneys
U can register FIR against both and challenge the sale deed and u also can file civil suit
The deeds of conveyance must be studied besides the POA to advice specific and successful course of legal action. [email protected]
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.