Dear sirs,my father was mising since last seven years and till there is no any msg of him, other peson sale our land by using fraudulent power of attorney and sale deed in July 2010, now i want to know that the procedure of cancellation of power of attorney and sale deed, also please mention the time limit of submit the suit for the cancellation, please reply at earliast

thanks,

The facts are not clear...Immediately file a suit for cancellation - the period of limitation would be 3 years from date of knowledge as to voidness.

fraudulent POA can be sought to

be cancelled though court, with order of depositing original POA in court to prevent its further misuse.  On the basis of fraudulent POA sale deed is also void and u can seek declaration to that effect, from court.  period is three years from date of knowledge.

Is there any complait filed by your family members about missing of your father, earlier?

yes, in the year 2004 in police station, and i have related document with me

After 7 years of missing  a person is presumed to be dead/ renounced, get it published in newspaper and declared.

You are to get the sale transaction cancelled and declared void by Court.

File a FIR/ Criminal complaint of cheating and fraud committed through POA. by purported vendor

 

File a FIR in police station..

File cancellation suit for said sale deed without dely.

Meet the civil lawyer he will guide you.

your father reportedly missing for last 7 years is presumed to be no more/renounced (hopefully this should not be correct). you should immediately file a suit in the court for cancellation of the sale deed since the same has been got done by fraud on a forged POA and hence void.

If the property is assumed to be in the name of the father and  if  he is missing from  past 7 years, according to law  he is presumbed to be death.   i.e,  no valid  title is  passed to anyone including legal heirs of the presumed dead  person  or  any other 3rd party  who  has created agreement of sale.   Mere  Agreement  even if it is genuine  will not  pass on  valid  title to the holder of  such GPA unless  registered.    SO  dont worry much,    Since u have 2004 document of  missing person  complaint first  file a suit  to that extent  for Declaration  and permanent injunction  to restrain  the  third parties  to  enter your  property.

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