Legal Question in Real Estate Law in India

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 a 72 years old man. And the buyer has taken the responsibility of the consequences regarding any litigation which may come up in future.

Kindly advise what action I should take.

Thanking you,

Sanjay.


Asked on 4/20/11, 4:38 am

2 Answers from Attorneys
shiv shakner saini saini law

If one can't help themselves then how we can ?

If you are ready to walk on the way which we show you and willing to pay for the same then contact on my cell no.09587744142 shiv shanker

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Answered on 4/20/11, 6:12 am
Shrichand Nahar S.V.Nahar, Advocate

You may initiate appropriate civil and criminal proceedings.

Criminal proceedings are essentially to punish the offender. In this case, it would be your son.

In case you fail to initiate appropriate civil proceedings within the period of limitation for declaring sale void and recovery of possession, then you loose a remedy to get back your property.

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Answered on 4/20/11, 9:55 pm


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