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Q. MISPLACED POWER OF ATTORNEY

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Anonymous

posted 3 weeks ago

Q.MISPLACED POWER OF ATTORNEY
We are two brothers and two sisters. I and my wife (jointly) purchased a Residential plot in Uttarakhand from my mother through a Power of Attorney given by her to my father in the year 2002.(over 15 year's back). The Sale deed copy is available with the Sub Registrar Office but without the copy of Power of Attorney. Unfortunately both my parents expired 6/7 years back. Now we intend to sell the said plot and do not have a copy of the Power of Attorney. As a buyer would like to have a clear title of the property (plot) with no future legal issues I request you to kindly advise my further course of action. Incidentally, it is learnt that Delhi High Court has passed an Order in 2019 {256 (2019) Delhi Law Times 61}, RFA No.906 of 2016 - Decided on 13.12.2018 ; (ii) Limitation Act, 1963 - Article 65 - Partition suit - With respect to such suit, Limitation will be period of 12 years as per Article 65. Therefore, not having a copy of the said Power of Attorney with my sale deed would render the sale of the said plot as legally right or not? Your response and legal advice shall be solicited. Regards.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 3 weeks ago

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A. ) Dear Sir,
Without seeing entire records it is not possible to give my opinion in detail.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 3 weeks ago

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A. ) Even though you are not having Power of Attorney the title can be established with the help of other documents.

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 3 weeks ago

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A. ) If you are owner of the property then you have right sell it if on your name

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Biswajit Das

Experience: 3 Year(s)

Responded 3 weeks ago

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A. ) If they have executed sale deed and it was registered and mutation was done then you have a good title. I need to see you sale deed for giving you proper advice for your matter

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