cancell of POA
Querist :
Anonymous
(Querist) 05 October 2010
This query is : Resolved
we [three of us]gave power of attorney to a person in 2005.as we find him to be a cheat two of us cancelled the POA. third person could not join as he was abroad. After cancelling the POA, agent has sold the land three years ago mentioning payment by DDs dated before cancelling of POA and also influenced to get the patta changed in his name. what is our option now and what is our chances in winning the civil suit. Kindly advise.
Expert : R.Ramachandran
Posted On
04 October 2010
Dear Anonymous,
How can one get the DDs dated before cancelling the POA? Suppose you cancel the POA today and inform your Agent, at best he can get the DD made in today' date and say that it was got prepared prior to intimation of the POA Cancellation. But can he get the DD prepared in yesterday's date (however influential he may be)?
Assuming that he got the DD payment earlier, did or did he not give the money to you, you being the original owners of the asset. Your points are not clear.
Dear sir,
The POA was given in Oct 2005 and cancelled in Apr.2006. The agent registered the property in Jul 2007 quoting that he has received the sale proceeds by way of DD which were dated Nov.2005. Obviously the agent and the present buyer are friends.The sale proceeds was not given to us nor we have given any receipt. Being a 'dhadha' in that area he has obtained the patta in the present purchaser's name and also has pocession of the property. The agent knows about the cancellation of POA and also taken a xerox copy of cancellation document of POA,on the date of cancellation itself and was negotiating to settle the issue so far. As we did not have the strength to fight with him we did not take any drastic steps so far. NOw when we consult a lawyer he tells about the requirement of sending the cancellation by post as a drawback. Is there any remedy to fight the issue legally. I request the advice of learned panel, and suggest a solution.
With respectful Regards
Giridharan
M/s. Y-not legal services
(Expert) 05 October 2010
sorry mr.giridaran..
1. as per your statement 3 of you given POA on oct'2005,
2. 2 of you cancelled the POA on april'2006..
3. property registered in july'2007.
4. IN THE MEAN TIME OF OCT'2005 TO APRIL'2006 tha power of attorney holder is the one and only rightful to person to make any encumberance on the shedule property..
5. so its may be registered on july'2007.. i mean after your cancellation of POA.. BUT THE AGREEMENT AROSED IN TIME ALSO CONSIDERATION ALSO MADE OUT.. so legally you can't anything against that registration..
6. even better you may consult any one advocate.. because any one loop hole may be..
..tom..
pawan sharma
(Expert) 05 October 2010
you can file the suit for cancilation of sale deed.
pawan sharma
(Expert) 05 October 2010
may kidly be added,
if the part is agree to pay the property amount you made the sale deed further bcz at the time of the deed POA holder have no power to made the said deed. you are the real owner of the property. Also see the Registration Act.
