Is the unmentioned Power of Attorney legally valid in the sale?
My father unintentionally gave a power of attorney to a relative in 1996. In 2012, my father took a loan for agricultural land, registering a mortgage for it. However, the details of the Power of Attorney were not mentioned in the Encumbrance Certificate. In 2019, the power of attorney holder created a sale deed in favor of his wife and his brother’s wife without verifying the Encumbrance Certificate. My question is: Is it legally correct that the Power of Attorney was not disclosed? Since my father unintentionally gave it, how can we resolve this issue?
To resolve the issue, you may challenge the sale deed in court, stating that the power of attorney wasn’t disclosed. You could seek compensation or annulment of the sale deed, depending on whether the transaction was fraudulent or done without proper verification. For further legal assistance contact us on our helpline number.
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