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Author Topic: Sister and brother-in-law claming brothers self owned personal property.  (Read 994 times)

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Offline rohit11273

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17 years back I purchased a flat measuring 900 sq. ft. in Mumbai suburbs. Since I had no one, I allowed my sister, brother-in-law and their 2 children to stay with me. I only kept one condition that they will pay the monthly society maintainance charges. They readily agreed and are paying the charges till date in the form of cheque from their bank account. In the year 2002 they kept a proposal with me that they will help me financially to set my business and I agreed with them by signing a irrevocable power of attorney of the said flat in the name of my brother-in-law. The irrevocable power of attorney was drafted on Rs.100 stamp paper. It was then notarised. But not registered with registrar. After few weeks they asked me to vacate that flat, since they had the powers. They promised me to help me financially within few months. But now 13 years have passed and they have not kept their promise to help me financially. I have been living in a rented flat for the last 13 years. Neither I have the original copy of sale agreement or share certificate, nor I have anything in writing from them that they will help me financially. At present the property is in their possession. Till today they have not even paid me a single Rupee. Any one can check my all bank accounts. Few weeks back they approached me asking me to transfer the flat in the name of their elder son, who is 21 years now in the form of gift deed. According to their lawyer the irrevocable power of Attorney which I signed 13 years back is invalid because it is not registered and cannot be used to transfer the property. Now I want my property back. What are the legal proceedings to get the possession of that property ? Pls Advice.

Offline saravanan.s

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your lawyer is right.unregistered poa is not valid.dont budge to their pressure to gift the property to their son.file a complaint of criminal trespass u/s 441, cheating u/s 420.you can apply for a copy of the registered sale deed from the society office.

Offline rohit11273

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Thank you so much Mr. Saravanan.

 

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