Legal Question in Real Estate Law in India

I am an ex-Army person, presently settled at Pune. In the past I booked a flat on the name of my son who is away from Pune. My son executed General Power of Attorney on my name to book the flat, to make all financial transaction, to take possession of the flat and to sign all sort of documents related to property. At the time of taking over the flat I observed some discrepancies in that flat with regards to its measurements as well as other financial aspects for which I raised queries to the promoter in writing. However the promoter refused to attend me and to reply my queries. Finding no other way, I raised my complaint to District Consumer Disputes Redressal Forum. Though the complaint has been registered and notice has been served to my opponent but the said complaint has been challenged by the opponent on the legality of power of attorney as it does not specifically bear any mention about proceeding legally in this case. It is for your informations that all agreement deeds have been signed by me and even the possession deed to has been signed by me. Please intimate and advice me legal validity of my claim in this case. Om Prakash Soni

Asked on 12/12/10, 9:56 pm

Shrichand Nahar S.V.Nahar, Advocate

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In case there are no powers to initiate legal proceedings, then your opponent is bound to raise that ground.

Your son can post facto ratify and grant you necessary powers. Explore that.

Answered on 6/04/11, 11:05 pm

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