Legal Question in Real Estate Law in India

Hi,

Any expert in local property laws of Uttar Pradesh?? My question is that a sale deed was executed using a notarised POA by me as part of a partition of family property. The partition was verbal and the other co owners issued me a notarised POA using which I registered the land in my name.

My question is:

1. Is this a valid deed.

2. Can it be challenged now?? I mean is a civil suit barred by limitation in this case. The POA is dated 1997 and the deed was carried out in 2001.


Asked on 8/30/11, 5:10 pm

2 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

The answers to your queries are here in below :-

1) No

2) Yes it can be challenged .

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Answered on 8/31/11, 11:56 pm
Shrichand Nahar S.V.Nahar, Advocate

1. After 2001 amendment of Registration Act, most of the states made it compulsory to have registered / authenticated PoA for transfer of an immovable property. Check your POA from this perspective.

1. Check effect of section 215 of Contract Act on the POA

2. Effect of Limitation may be assessed only after seeing pleadings and prayers of the Plaintiff approaching the court with a suit.

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Answered on 9/01/11, 10:24 pm


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