Shuaib Ahmed (xyz) 09 September 2013

How to cancel spa?

Hello Everyone!

I need advice on how to get rid of a man who is misusing SPA (Special Power of Attorney) signed by me and other signed documents ( which are actually police complaints against a party which he said he will send it to different authorized departments like DGP, Human Rights Comission, Chief Secretary, Governor, etc). Initially he got my trust by doing mini friendly acts, and assured me that he will see to it that i will get justice against the party that acquired my property with some fake documents and illegal actions. Hence, I signed a SPA in his name to act against me, as I am mentally distressed since illegal acquisition of my property by that party.

Now, he hasn't done the job. As his main purpose to help me came before me, which is to loot lakhs of money in the name of doing the work. Therefore, I decided to get rid of him. But, I need the SPA and other signed papers, as I have a fear that he might use against me and might put me into more trouble. And now, after lot of talks with him to get those papers, that greedy man isn't in a mood to handover those papers.

Now, what options do I have to get those papers apart from grabbing his collar? I hate such people, and I hate to get into any sort of fights to with them to get what is mine. I want to play safe and get those papers, especially the SPA. Hence, I sincerely request everyone to help me out by giving your valuable advice.

Bottomline is what legal options do I have to get safe side against the evil minded tricks which he might play with me?

Any sort of help from anyone is appreciated.

Thank you for your precious time!

God bless you!

Reply Follow

2 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 09 September 2013

Respected query holder

Your problem is quiet determinable. All you need to do is to file a suit for cancellation of instrument against that particular person. Make him a defendant, then allege in your plaint that he is currently in posession of that spa and that it should be cancelled. Now this would lead to two options.Either he comes to court and admits that he has the spa and files a reply accordingly.However the more probable reply by him would be to deny the spa or being in its posession. Now your take in that situation would be to summon the registrar or the notary public before whom the spa was registered. That would be possible in case u have a photocopy of the spa with you and can check the serial jnumber of the registration and also the area where it was registered.Summon the registrar or notary's register, show the court the entry and get the spa cancelled vide final relief.

If however you do not have the photocopies either, then what you need to do then is to amend your prayer clause and ask the court for a relief of perpetual injunction.Pray to the court that the defendant should be restrained from representing himself to be your SPA in any future transaction.Judging from your situation, that prayer should be decreed in all probabilities. In any of the scenaria above, ask for an immediate ex parte ad interim stay on the first date itself restraining him from representing himself as your SPA before any authority or person.

Both the above reliefs can also be prayed for simultaneously or alternatively.

In future be careful before trusting people with such sensitive matters, Always better to invest your faith and trust in a lawyer rather than all such people.

Advocate Augustine Chatterjee

9999931153

Shuaib Ahmed (xyz) 09 September 2013

Thank you so much for replying to my query in a detailed manner. You have replied taking every relevant possible aspect into consideration. But, I am sorry I forgot to mention a crucial point in the query. It came to my notice only when I read your helpful solution. The point is that the SPA isn't registered at any registration office. It's just a mutually signed document under the presence of two witnesses. The matter was typed on a white paper. So, which of the replied solution is applicable in my case. Please reply. Thanks a lot for your precious time!