Wednesday, May 19, 2010

Transfer of land by fake Power of Attorney. What action is possible now?

The land was belongs to my father. In 1990 "A" prepared fake power of Attorney and sold the land to "B". In 1995 " B" had sold land to "C". But So far "C" has not taken care to change the land record. In 20001 "B" took bank loan on the land. Now he has repaid bank loan. In above transactions all documents are registered. What are the ways to recover the land or compensation?


What all these power of attorney (even if registered instruments) has to do with the actual ownership of the immovable property unless these were used by the buyer to get the revenue record of the district where the property is situated changed/mutated. If the revenue record with the Tehsildar/Patwari says the land/property is in the name of your father then he is the real owner as no mutation ever took place with regard to new owners Mr."A","B" or "C" etc then what these guys till date were doing was passing the pillow game amongst themselves with the revenue record nothing to do with there game as it was not told about all this because in order to get the mutation a proper sale deed where proper stamp duty has to be paid which goes in the government Exchequer & I feel nothing of this was done by any of these great personalities. However first check the complete revenue record with regard to the land/property with regard to Stamp Duty paid on sale deed by any of the person who if got the mutation of name done at anytime, if no such thing exist then your father still be considered as lawful owner. The proof of any immovable property is with regard to revenue record that exists in the District where the immovable property is situated & in whose name the property exists. The sale of property is complete with conveyance of the immovable property which is said to be complete with the registration of the sale deed which happens only after exact Stamp duty & other local property charges are deposited in the Treasury of the District Office. All these information can be collected from the office of the Tehsildar/Patrari/Revenue department. There are cases where power of attorneys are made, even got registered & passed on from one to another person. Some banks which are in hurry to give loan agree with the registered power of attorney as sufficient proof of land ownership by its holder, all this doesn't mean the law of the land will go by what any silly bank does in its loan giving transaction. The court will only recognize the actual revenue record which exist in the District & if that record shows that your father is the owner of the land/property then let all these power of attorney holders go for fun ride.

your question is misleading. when, In 1995 " B" had sold land to "C" how come, In 20001 "B" took bank loan on the land?

why you were sleeping for such a long period?

in my opinion if you prove beyond doubts that the "Power of Attorney" is fake and In 1990 "A" sold the land to "B" using that fake power of Attorney, you have a chance to recover through court processes but another decade you need for that.

(in one similar case i heard even in the revenue records the names were changed to new purchaser. but as a result of proving the case properly the land was recovered by original owner)

You will have to talk to an attorney about this one. It is complicated and spanned over almost two decades already. The laws back then and the laws now are changed. I do know that happened in my husbands family in Mississippi and they could never recover the land....

Good luck....I think it is a lost cause.

This is very complicated. Of course there are laws to protect and compensate victims of fraud, but you will need expert legal advice and action from a solicitor to sort out this mess. Good luck, I hope your father is propertly compensated.

Legal heir has to file a case against the fraudulent person and recover the Land. The Fraudulent person may go to jail for his deeds.

Retain a lawyer sounds like the whole case falls under the supposedly faked document issued over 19 years ago?

You should do your own homework.

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