My father bought one land in Chhapra, Bihar in year 2002 from party A and did not registered the land. While that time were staying in Varanasi. The land was actually was allotted in lottery by Bihar State Housing Board back in 2002 to Party A. A power of Attorney (PoA) was executed dated July 7, 2002 between Party A and my Mother. Also, an amount of Rs 35000 was paid to the Bihar State Housing Board, unit Muzaffarpur dated September 16, 2002 and Rs. 2 lacks were paid to Party A. The land is not yet registered in anyone’s name. After my father’s retirement, we moved to Chhapra in year 2017. We approached the Bihar State Housing Board office in Chhapra and Patna, then we came to know that based on PoA we cannot register the plot in our name directly. Further, we came to know that the registration will be done first in the name Party A. When we enquired about Party A, we came to know that he was already died. Further, we came to know that Party A, has 2 sons. The elder son also died, and the wife of elder sons resides somewhere in Bihar or Bengal and she has no children. Furthermore, we got the contact of younger son Mr. Amit Kumar who works in some factory somewhere in Bihar. His native village is in Bhagalpur, Bihar, however, he does not stay in Bhagalpur and we do not know exactly where he works and resides currently. We have his contact number only. We have contacted him multiple times from past 3 years to get the plot registered in his name and further transfer to our name. What we have understand from the housing board is that we cannot directly register the plot on our name. Instead, the plot would be first registered on the name of both Mr. Amit Kumar and his sister-in-law (Wife of Amit’s elder brother) and then it will be registered on our name. Based on the above understanding, we have attempted multiple times contacting Amit and his sister-in-law in past 3 years, however we were able to contact only Amit Kumar on phone and his sister-in-law is still untraceable for us. I want to know how legally we can get the land registered in our name.
1) A should have executed registered sale deed in your mother favour
2) POA does not confer title to property
3) on demise of A his legal heirs can execute registered sale deed in your favour after mutation of land h sheen done in their favour
4) file suit seek court orders to direct legal heirs to execute registered sale deed in your father favour
Is this POA with consideration and registered and or irrevocable ? If yes, Than tell your mother to execute gift deed in favor of your father. Don`t involve housing board neither they have any role. Deed will registered at sub registrar office.
Neither involve legal heirs of A, no use. and waste of time and threat to your title.
You need to search for the seller or his legal heirs for registration. Otherwise you need to approach court
Dear Sir,
You are suggested to get the newspaper publication in national dailies for 03 times and the approach the Bihar State Housing Board offices with the report that none is responding and then ask for the registration on your name. If then refused, file the case in the civil court.
Dear Ganesh Singh, Thank you for your advice. can you please advice what exactly do we need to write for publication.
We are unable to peruse reply posted by learned advocate hence cannot comment on its contents
You need to explain the entire case and then the content will be designed
You have been informed about the proper legal procedures for getting the property registered to your name.
With the help of the surviving legal heir you may have to trace out the legal heir of the deceased brother also.
After that you may have to get a legal heirship certificate from the revenue department.
Then those legal heirs have to apply to the society to gt the property registered on their names.
After which the said legal heirs can execute a registered sale deed in your mother's name or father's name.
The society cannot come to your help without the said procedures being followed up properly .
As a matter of fact the POA executed in favor of your mother stands cancelled automatically upon the death of the principal i.e., Mr. "A".
Therefore your mother cannot execute any transaction with regard to this immovable property ion the basis of infructuous POA deed in her favor.
No paper publication will come to your rescue.
The non-traceable wife of the deceased brother cannot be deprived of her legitimate share ion the property.
Moreover you do not have any locus standi to make a paper publication in order to serve notice on her.
Your mother is not a title owner hence she cannot even send a legal notice to anyone.
1. The title cannot pass to you unless the original buyer (Party A) is conveyed the title.
2. After the sale deed is executed in favour of Party A then only he can execute the sale deed in your favour.
3. You have to trace Party A.
File suit for specific performance against legal heirs of seller to execute registered sale deed in your father Or mother name.
Dear Sir,
You are required to mention the details of the parties i.e. surviving son and his bhabhi, the agreement of sale and also the authorities response that the land should be registered first on their name and then transfer the property on your father's name. Ask them to contact you withing 15 days from date of publication and get the needful done. In the event of their non-response, they will loose their right's of claim.
In this case you need to file a suit for specific performance against legal representatives of Person A that is his son Amit Kumar and Sister in law of Amit Kumar.
In this suit you should pray for legal representatives of seller to register plot on their name and then register the property on name of your father.
