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 72 years old. 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 6/08/10, 11:20 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

The remedy is to approach the court for getting back the property by filing appropriate civil suit.

If the facts constitute an offence also, you may also consider lodging a criminal complaint with the police.

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Answered on 6/08/10, 8:57 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

I agree. You may consider registering a criminal case against your son and the buyer; and also seek cancellation of the transaction being based on fraud.

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Answered on 6/10/10, 11:25 pm


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