Power of attorney

Chandru Babu (Querist) 20 April 2012 This query is : Resolved
I have given a General POA to my brother in law on 1985 to sell, mortgage, collect rent etc and which is still valid. I have gone to Dubai for work and my brother in law stayed in the property collected rent. Now when i applied for EC, I was shocked that in the June 2009 he had sold the property to his own son and registered a sale deed for an amount of 4000000, there was no amount given to me and this had happened without my consent. Shall i file a case to cancel the sale deed and get back my property. The worst thing in this is they had got plan approval from government and constructing the property shall i stop there work.

Please advice!

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Arvind Singh Chauhan (Expert) 20 April 2012
Very tough to advice without going through the Power of attorney,as you are saying you have given POA to sell also.

V R SHROFF (Expert) 20 April 2012
POA was used after 24 years. Affidavit filed that POA is valid as on 2009, having consent, is false. [This is a requirement fr older POA]

POA Attorney is bound to pay you the amt so received by him.

As amount is not paid to you, you can challenge the entire Sale Deed,
File Petition in Civil Court for cancellation of Sale Deed, Injunction on construction and get back your property. Stop his work thru Court Order.
(You can as well deny POA, if no photo, no registration.)

Nadeem Qureshi (Expert) 20 April 2012
agree with experts

Raj Kumar Makkad (Expert) 20 April 2012
Power to sale has duly been used by your brother in law but he is bound to transfer the money so received from sale without any delay. You can file a criminal complaint under section 420 IPC against him as well as setting aside the sale-deed and declaring the deal as null and void.

Deepak Nair (Expert) 20 April 2012
You are rightly advised by Mr.Shroff.

ajay sethi (Expert) 20 April 2012
agree with experts

K.K.Ganguly (Expert) 20 April 2012
1) File a Criminal Case for cheating you since he is supposed to transfer the sales proceeds to you since you have given him Power of Attorney, inter alia, to sell. You have not gifted or willed him the property.

2) Immediately file a civil suit praying for setting aside the sale deed & file application under Order 39 Rule 1 & 2 praying for ad-interim injunction till the suit is disposed off.
3) File an application u/s 144(2) Cr.P.C. to prevent against any ensuing hooliganism at the site which will be prevented by the Police.

Chandru Babu (Querist) 21 April 2012
Thanks all for the valuable information.

To add to above the POA given on 1985 is a registered one which is still live. My brother in law has stayed in the property for more than 15 years and before 3 years they had done a sale deed in favour of his own son. They had paid the registration fee of 8 percent also all tax has been transferred in there sons name and had been paid to the government. I have the copy of document of the sale deed.