The Delhi High Court on Thursday refused to entertain a plea seeking not to accept power of attorney as title deed of the properties in any legal proceeding.
A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh said that it is not inclined to issue notice on the petition and asked petitioner-in-person, advocate Manohar Lal Sharma to withdraw his petition. Advocate Sharma agreed to do so.
Sharma sought to revoke power of attorney and to take legal action, i.e. F.I.R. under section 442 to 444 of IPC and PML Act against the power of attorney holder and tenants and to attach the property being Benami property.
He also sought to remove tenants, intruders from the property in the absence of Police verification and take action under section 442-444 of IPC read with Section 188 of IPC.
The petitioner said that the holder of the Power of Attorney can not be a title deed holder, cannot enter or put persons as tenants or guests in any vacant house to get possession forcefully and without a court order, and is a trespasser.
He also stated that buying and selling of properties via Power of Attorney are done to avoid payment of taxes to the state and to conceal black money involved in sale transaction which is a serious offence under Income-tax Act for which both parties to sale transaction are liable to be prosecuted. Such a property is liable to be attached and auctioned by the State.
The petitioner said that upon inquiry he found that several properties are under "Benami" transaction purchased by the brokers/ people via Power of Attorney and are being used for tenancy business.
( With inputs from ANI )
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