Delhi HC declines a plea to not settle for the ability of legal professional as a title deed

The Delhi Supreme Court on Thursday declined to accept a plea in which it sought not to accept a power of attorney as a title deed for the properties in a legal proceeding. A division bank of Chief Justice DN Patel and Judge Jyoti Singh said it was unwilling to release the petition and personally asked the petitioner, attorney Manohar Lal Sharma, to withdraw his petition. Lawyer Sharma agreed.

Sharma attempted to revoke the power of attorney and take legal action, that is, FIR under Sections 442 to 444 of the IPC and PML Act against the Power of Attorney Holder and the tenants, as well as the attachment of property that is Benami property. He also attempted to remove tenants and intruders from the property in the absence of a police review and to take action under Section 442-444 of the IPC in conjunction with Section 188 of the IPC.

The petitioner said that the holder of the power of attorney cannot be a title deed holder, cannot enter or accommodate any person as a tenant or guest in an abandoned house for forcible possession without a court order, and is an intruder. He also stated that buying and selling real estate is done through a power of attorney in order to avoid paying taxes to the state and to disguise illicit money related to sales transactions, which is a serious criminal offense under the Income Tax Act for both parties to the sale transaction are punishable. Such property can be seized and auctioned by the state.

The petitioner said that on request he found that several properties had been acquired by the brokers / persons through a power of attorney as part of a “Benami” transaction and were being used for rental transactions. (ANI)

(This story was not edited by Devdiscourse staff and is automatically generated from a syndicated feed.)

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