Legal Question in Real Estate Law in India

Hi, I have purchased a flat in Pune from a person having his father's Power of Attorney. The POA had his father's signature & photo & thumb impression. It was notarized. The sale deed was registered & I got the flat transfered in my name. The son also gave me Indeminity bond. Latter I came to know that the POA was fogged & the son has signed his father's signature & disposed off his flat with the fake POA. I did not know all of this before buying this flat.

Now can the father, whose flat it belonged to cancell the sale deed & demand me to vacate the flat ?? I am staying with my family & do not want to be bothered as I have paid the price for the flat.

CAN I SUE THE SON WHO HAS DISPOSED OFF HIS FATHER'S FLAT AS HE HAS GIVEN ME INDEMINITY BOND ?? IF I SUE HIM HOW LONG WILL THE CASE TAKE ?? I HAVE THE ORIGINAL INDEMINITY BOND.

Kindly advise.

Kindly advise. Thank you.


Asked on 2/19/10, 8:16 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

(a) The owner is entitled to his property sold on the basis fake documents;

(b) you are entitled to recovery your money AND also seek criminal prosecution of the person who sold you property on faked documents.

(c) the litigation is a long-drawn process and no time limit can be ascertained with certainty. You may take your chance.

Good Luck.!

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Answered on 2/19/10, 3:44 pm


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