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.

I am in a lot of tension. What mesures do I have to take to stay peacefully with my family in the flat ??

Kindly advise. Thank you.


Asked on 2/07/10, 10:37 pm

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

even though the property needs to be sold through a POA, the POA needs to be registered. how can you buy property whose POA is unregistered or just notarized. in case you file a complaint of forgery against the son, it will be proved that you are in wrongful possession and not the owner. in my opinion, you may keep quiet and defend any case that his father files against you for possession.

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Answered on 2/08/10, 12:22 am


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