Cancel the sale deed and forgery poa

JEGADEESAN (Querist) 05 March 2025 This query is : Resolved
Sir
I would like to clarify some doubts regarding Cancellation of Sale Deed which has been Registered based on Forgery POA.

i.e. My Friend's Father namely Sudalai bought some properties through his self earning in 1985 and out of which some properties have been sold by a Land Broker by forgery POA executed by him - (Chidambaram)
Chidambaram(Land Broker) prepared 2 forgery POA in favour of him, like it has been executed by Sudalai in 1996 ( out of the two one prepared with Sudalai Sign ( Chidambaram has referred Sudalai sign from his previous deed and put like that) another one with some one LTI)

Thereafter Chidambaram sold the property in 1996 to some others, based on that forgery POA.
Now Sudalai also no more and leaving behind him 2 sons and 4 daughters and his legal heirs want to cancel the sale deed.Hence you are requested to kindly guide.
I have actual Signature and LTI of Sudalai (Since he has bought some property & sold a property in 1987 with his original sign and LTI )
So I have an option to compare the sign & LTI available in proper document & forgery document .
By the mean time ,I hope that civil court only have the jurisdiction to do so .

Hence you are requested to kindly guide me whether should I file case to cancel the sale deed or POA ?
If I cancel the POA or prove the POA is invalid one, then automatically the subsequent document what has been executed based on POA will become null & Void? or Should I file separate case to cancel the sale deed?

Whether any one of the legal heirs can file the case or all should sign in the petition ?

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Quick Summary

This discussion concerns cancelling a sale deed registered using a forged Power of Attorney (POA). The original property owner, Sudalai, purchased land in 1985. A land broker, Chidambaram, allegedly created forged POAs in 1996, using Sudalai's forged signature and a thumb impression, to sell some of this property. Sudalai is now deceased, and his legal heirs wish to cancel the sale deed. They possess documents with Sudalai's genuine signature and thumbprint for comparison. The primary questions revolve around whether to file a case to cancel the POA or the sale deed, if cancelling the POA invalidates subsequent sales, and if all legal heirs must file the case jointly. Initial advice suggests the case might be time-barred due to the long delay since 1996, but the heirs claim they were unaware of the fraud until recently when they planned to transfer the property. The offender has reportedly agreed to cancel the 1996 sale deed, raising further questions about subsequent deeds and time restrictions for rectifying such transactions.

T. Kalaiselvan, Advocate (Expert) 06 March 2025
The property is reported to have been sold in the year 1996, i.e., almost three decades ago.
In fact your father was alive and was aware of this but didn't take any action which means that your father knew it to be genuine hence he didn't take any action to cancel the registered sale deed executed by a fraud forging the signature.
The case is very badly barred by limitation hence you may perhaps don't have any case, if you still want to pursue the matter you may consult a local lawyer with relevant papers.

Sudhir Kumar, Advocate (Expert) 06 March 2025
Fully agreed with Mr Kalaiselvan.

If someone has sold property or executed PAO the the law cannot allow his successors to wake after his death and declare sale / PAO fraudulent.

JEGADEESAN (Querist) 06 March 2025
Sir
thanks for your valuable reply & the property still under the enjoyment of legal heirs of Sudalai. Since Sudalai & his legal heirs did not aware about the fraud activity of the Land broker they have not taken any action to remove the name from Patta . But recently they have come to know as they have planned to execute settlement .
Is there any time restriction to recover the ancestral property which has been fraudulently occupied through forgery sale deed and patta transfer

kavksatyanarayana (Expert) 06 March 2025
You show the two documents to a local senior lawyer and if he is opined that another POA is forged he will guide you.

Dr. J C Vashista (Expert) 08 March 2025
Well analysed, opined and advised by learned experts, I endorse it.
How and when did you (or someone else) came to know about alleged sale transaction in 1985 ? What action was taken there after, if alleged forgery came to limelight ?
Unbelievable statement.
It is advisable to show relevant documents to a local prudent lawyer, if there is some truth in the facts posted.

JEGADEESAN (Querist) 09 March 2025
Thank you so much for your valuable advice.Already Handed over with Local lawyer . He informed that he would reply after consult with his colleague.

P. Venu (Expert) 16 March 2025
Yes, any meaningful suggestion requires that the documents be perused and issues discussed.

P. Venu (Expert) 16 March 2025
The querists profile suggests that the query is an artifice than a real-time issue.

JEGADEESAN (Querist) 01 April 2025
Venu Sir It's a real one . If you want to see the document I can send to you (But document in Tamil) Since there is no attachment option here I could not send the document . Atleast let others to offer their valuable guidance to the needy .
Further based on steps taken by my friend now the offender agreed to cancel the sale deed which has been executed in 1996 by forgery POA.
Is it possible to cancel the sale deed executed in 1996 ? is there any cut off period to rectify or cancel the sale deed ?
Since some one told that within 3 years from the date execution and some others telling like within 3 years from the date of aware about the forgery.
If the executant cancel the sale deed (Doc No.367/1996) will it affect/cancel all the subsequent sale deed which has been executed based on Doc 367/1966 or we need to take necessary steps through court to cancel all the subsequent documents?

kavksatyanarayana (Expert) 01 April 2025
You have to prove the POA is a fraudulent deed. Consult your advocate for further guidance.

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