Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Criminal proceeding if someone sells your property

(Querist) 09 August 2018 This query is : Resolved 
I gave POA for taking care of my property in 2013 and cancelled that POA in 2014, the POA holder sold my property to his wife in 2017.
I want to take criminal actions against the couple.

Please suggest, also advice me what is the time frame in which I can take any action.

Shall I lodge a police complaint or a civil suit or a criminal suit?
Siddharth Jain (Expert) 09 August 2018
You'll have to file a criminal complaint against the fraud for breach of fiduciary Duty under section 406/415/420 under the Indian penal code for the offence of criminal breach of trust, cheating and fraud.

Simultaneously, you would have to file a suit for cancellation of sale by the power of attorney holder on the grounds that the said power of attorney Bose fraudulently used to affect transfer to his wife's name which had already been revoked in 2014.

For any other queries, feel free to contact me at isidjain1@gmail.com
SHIRISH PAWAR, 7738990900 (Expert) 09 August 2018
You have to initiate civil as well as criminal action against the wrong doer.
Ankit (Querist) 09 August 2018
Thanks Siddharth and Shishir. Is there a timeframe in which I have to take actions.
Ankit (Querist) 09 August 2018
Thanks Siddharth and Shishir. Is there a timeframe in which I have to take actions.
manoj (Expert) 10 August 2018
You don’t have right to take criminal action against the Power of attorney holder, When once principal executed the Power of Attorney, the principal can cancel the power of attorney at any time. But the said cancellation should be informed to the agent. Without informing the agent that the Power of Attorney is cancelled through proper procedure, the power of attorney will be in force till the agent is aware of cancellation of power of attorney.

V E MANOJ KUMAR
ADVOCATE
CELL NO 8686159292
Ankit (Querist) 10 August 2018
Thanks for the clarification Manoj, when we cancelled POA, we personally gave a copy of the same to POA holder and took the receiving on a paper so that he can't deny that he was aware of the fact.

Over that we have not provided POA holder rights to sell the property, he has not given any money to us, it mentioned neither in the POA nor in the fraud land registry and as per my knowledge selling of immovable property by POA is banned by Supreme Court after 2013
manoj (Expert) 10 August 2018
In Suraj Lamps apex court observed, when POA is valid and when it is not valid. The apex court did not banned POA. Genuiness of POA explained in apex court authority. In between family members the POA is valid.

V E Manoj Kumar
Advocate
Cell No 8686159292
manoj (Expert) 10 August 2018
In Suraj Lamps apex court observed, when POA is valid and when it is not valid. The apex court did not banned POA. Genuiness of POA explained in apex court authority. In between family members the POA is valid.

V E Manoj Kumar
Advocate
Cell No 8686159292
Ankit (Querist) 15 August 2018
I haven't given POA to a family member. POA was a third party and he sold the property to his family member. And main thing was that, I haven't even given him the power to do so. I have just allowed him some case proceeding powers on my behalf.


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