Misuse of power of attorney
Shalini
(Querist) 17 June 2013
This query is : Resolved
Res Sir, Pls Guide me
We are living in city and we have land in village.My father executed power of attorney of our land to another person.
That person misuse power of attorney and without our concent executed sale deed in favour of his own son.
Till today we have possession of land.
And we file a civil suit in court for cancelation of sale deed.
In first date of suit in court we went to the court and judge says to our lawyer that party itself give power so sale deed cannot be cancel.
My lawyer argue that possession is also with my client.
Judge says i dont want arguement on basis of merits. If you want to do argument do on basis of law. And Judge says if you want i will notedown judgement in 5 minutes.
But my lawyer ask for date.
After lots of request first date giveneand that is final for judgment.
And Judge told my lawyer read section 202 of contract act and come on next date.
Our lawyer told us that judge dont want to listen on merits and on first date of hearing he want to announce the judgement within 7 minutes so there is some settlement by oposite lawyer with judge.
so we will lose the case.
Res Sir,
Pls Guide me what we have to do and what is merits?
Is it true that judge have to give date on 1st hearing?
And i also feel judge is bias by seeing his reaction and expression.
How we can apply for change the judge?
And i need to change my lawyer?
Pls suggest me some law point which i can share with my lawyer which help us to save our land..
Note: I am not good in english so pls forgive me if any mistake in sentences.
Dr. Jyothi Vishwanath
(Expert) 18 June 2013
Change of Judge is little difficult. Change of advocate is possible. Take his NOC and take your file back and approach another advocate.
First of all, Why was the power of attorney executed. What were the terms of the attorney.
See if the sale consideration is good. If it is less, you can challenge it on that ground.
That will make a good case.
Shalini
(Querist) 18 June 2013
He sale to his own son for rs 20,000 only as well as he didnt give us that 20 thousand rs.
The price value of land is more than 70 lakhs or in crores.
The power is given for convert juni sharat into navi sharat which is not mention in power. I dont know exactly what does it mean.
But in power of attorney no specification of power. The draftmen wrote all such general condition.
ajay sethi
(Expert) 18 June 2013
file criminal case against power of attorney holder if he has failed to hand over sale consideration . it is necessary to go through the power of attorney to advise .you have stated that POA sold property to his son . was agreement duly stamped and regd?
have you revoked the power of attorney now?
Shalini
(Querist) 18 June 2013
yes he registered sale deed in favour of his son.
we didnt cancel the power. we file suit for cancelation of that sale deed.
Shalini
(Querist) 18 June 2013
we dont want to sale that land so dont want to file case for consideration & amt is also less. We dont want to involve in Criminal case.
so pls help how we can get our land back and cancel that sale deed under the law?
ajay sethi
(Expert) 18 June 2013
you have to file criminal proceedings against POA to get him on the negotiating table . you say property is worth atleast Rs 70 lakhs and it is sold for Rs 20,000 and consideration has also not beeen received . filing of criminal case will put pressure on the POA . also why have you not revoked POA . it seems some thing is v fishy . you are surpressing some facts
Shalini
(Querist) 18 June 2013
we go to the lawyer with facts.
He didnt advice for cancelation of POA.
He just told us that we have to file suit for cancelation of sale deed.
M V Gupta
(Expert) 19 June 2013
POAs are construed strictly. Generally if the agent has acted within the power vested in him by the POA, then the principal is bound by the transaction. But in the face of the given facts, there appears to be a fraud played by the Agent against the Principal (i.e., querist's father) in collusion with his son in executing the sale deed for the paltry sum of Rs. 20,000/- when the market value of the property is stated to be more than Rs.70 lakhs. Pl check whether there are specific pleadings to the above effect in the plaint filed in the court. If not, it would appear advisable to amend the plaint or withdraw the plaint with liberty to file a fresh one with suitable grounds to challenge the validity of the sale deed. Better consult senior Advocate of the locality and take further action.
