cancell of POA

Querist : Anonymous (Querist) 04 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, Thank you for your reply. The power agent knew about the cancellation even while cancelling at the registrar's office and also taken a xerox copy of it personally. He was negotiating for a settlement all these years and suddenly we come to know that he has sold to a third party [ his friend] mentioning the payment as having been made by DD dated prior cancellation perhaps given to him for someother transaction. One flaw in our case is that believing him we have not sent the copy of cancelled POA by post . Now what is the remedy . Kindly advise. Regards.
Giridharan

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R.Ramachandran (Expert) 04 October 2010
On what date did he sell the property. Did you get the sale proceeds or not?

R.Ranganathan (Expert) 04 October 2010
You say DD was given prior to the date of cancellation. You tell how many days/month prior to the date of cancellation. Also tell whether the sale has been registered now after the cancellation of POA or not.

s.subramanian (Expert) 04 October 2010
Give the required details.

Querist : Anonymous (Querist) 05 October 2010
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
Mr.giridaran already you posted your this query..

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