Is original property document required
8 months ago
My father was given POA by a person to sell a property and it was registered. Original property documents were stolen by a relative who along with the person who gave power, sold the property stating that my father is not alive. Now when we file a complaint, it is being told that whoever has Original property document can sell the property. Is it correct. What action can be taken by my father against them.
A.Dear Client,
From the contents of the query, it is not clear to whom you lodged your complaint against the alleged crimes, however in the given situation your father needs to serve a legal notice to the concerned involved in the criminal conspiracy and file a criminal suit against the concerned person under Sec.120A of IPC. Under Section 120A of the IPC, criminal conspiracy is characterized as an arrangement between at least two individuals to attempt anything illicit, i.e.: A criminal offense. A demonstration that is not restricted by regulation yet is completed unlawfully. Reach out to an Advocate for guidance and steps.
From the contents of the query, it is not clear to whom you lodged your complaint against the alleged crimes, however in the given situation your father needs to serve a legal notice to the concerned involved in the criminal conspiracy and file a criminal suit against the concerned person under Sec.120A of IPC. Under Section 120A of the IPC, criminal conspiracy is characterized as an arrangement between at least two individuals to attempt anything illicit, i.e.: A criminal offense. A demonstration that is not restricted by regulation yet is completed unlawfully. Reach out to an Advocate for guidance and steps.
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A.Dear Client,
Based on the information you've provided, here are a few points to consider:
Stolen Documents: If the original property documents were stolen, it's important to report the theft to the relevant authorities, such as the local police. A police complaint can help establish that the documents were illegally taken.
Validity of the Sale: Even if someone possesses the original property documents, they cannot legally sell the property without proper authorization. If your father had a valid Power of Attorney (POA) to sell the property, and it was registered, the sale could be considered unauthorized and potentially fraudulent if your father is still alive.
Forgery and Fraud: If your relative and the person who granted the POA sold the property by misrepresenting that your father is not alive, this could potentially involve forgery and fraud. Misrepresentation of this kind could lead to legal consequences.
Legal Proceedings: Depending on the laws in your jurisdiction, your father might be able to take legal action against the individuals involved for fraud, forgery, and unauthorized sale of the property. This could involve seeking legal remedies such as cancellation of the sale, restoration of the property, and compensation for any damages.
Documentation: If you have copies of the original POA, property documents, and evidence that your father is indeed alive, these can be crucial pieces of evidence to support your case.
Property Title Verification: Depending on the laws in your jurisdiction, you might also consider verifying the property's title through the relevant land or property registry office to determine the current ownership status.
Alternate Dispute Resolution: In some cases, mediation or negotiation might be considered as an alternative to legal proceedings. A skilled mediator can help facilitate discussions and potentially reach an agreement that benefits all parties involved.
Thanks
Based on the information you've provided, here are a few points to consider:
Stolen Documents: If the original property documents were stolen, it's important to report the theft to the relevant authorities, such as the local police. A police complaint can help establish that the documents were illegally taken.
Validity of the Sale: Even if someone possesses the original property documents, they cannot legally sell the property without proper authorization. If your father had a valid Power of Attorney (POA) to sell the property, and it was registered, the sale could be considered unauthorized and potentially fraudulent if your father is still alive.
Forgery and Fraud: If your relative and the person who granted the POA sold the property by misrepresenting that your father is not alive, this could potentially involve forgery and fraud. Misrepresentation of this kind could lead to legal consequences.
Legal Proceedings: Depending on the laws in your jurisdiction, your father might be able to take legal action against the individuals involved for fraud, forgery, and unauthorized sale of the property. This could involve seeking legal remedies such as cancellation of the sale, restoration of the property, and compensation for any damages.
Documentation: If you have copies of the original POA, property documents, and evidence that your father is indeed alive, these can be crucial pieces of evidence to support your case.
Property Title Verification: Depending on the laws in your jurisdiction, you might also consider verifying the property's title through the relevant land or property registry office to determine the current ownership status.
Alternate Dispute Resolution: In some cases, mediation or negotiation might be considered as an alternative to legal proceedings. A skilled mediator can help facilitate discussions and potentially reach an agreement that benefits all parties involved.
Thanks
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