Legal Question in Real Estate Law in India

Dear Sir,

I had a flat in Bangalore which was in my name. My one son stays

abroad and I went to visit him. In the mean time my other son sold off

my flat by making a fake Power of Attorney of my name. The buyer bought

my flat with out my consent & without the N.O.C. from the society

because my son sold it off for a very less price. The buyer paid him

about 20 lacs less then the market value of the flat. They were aware

of the situation that I am the owner of the flat. He was aware of all

the facts. The sale deed has been registered & they took possession of

the flat. After I returned from abroad I was shocked to know about

this.

Now what can I do ?? I know that property cases takes a very long time

in India & it is very costly & time consuming & I am 72 years old. And

the buyer has taken the responsibility of the consequences regarding

any litigation which may come up in future.

My son who has disposed off my flat has left the country with the money & has gone to U.S.

Kindly advise what action I should take.

Thanking you,


Asked on 9/24/10, 7:02 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

you have two remedies. first - a criminal complaint against your son and the buyer having conspired to have transferred your property on the basis of false and forged documents. You have to file the complaint giving details and the rest will have to be done by the police.

Second - you will have to file a civil suit for declaration of POA as null and void, being under forged signatures, cancellation of the deed of sale on the basis of forged poa and for possession of the property.

In such cases it should not be taking so much of time.

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Answered on 9/24/10, 7:22 am


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