Transfer through gpa holder holder

Vineeth Lodha (Querist) 26 December 2014 This query is : Resolved
dear sir,
there is a plot which was in the name of party 'X', which was transfered to person 'Y'by registering the sale in FY 2003-04.

DUe to the death of 'y' , the property was transfered to his wife 'mrs.Y' (legal Hire)in FY 2006-07.

Since then, Mrs Y has remained the owner of the property.

In FY 2011-12, Mr.Z, brother of Mr. X, by representing himself as the GPA holder of Mr X, transfered the property to his wife, Mrs Z., while Mr. X was no more the owner of the property at that point i time.

But, the EC report generated in FY 2014-15 says that the owner of the property is Mrs.Z.

is this possible?
if yes, then what is the procedure to go about it?
what is the criminal offence to be charged to this fraudulent act?

can you please help me out.

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ajay sethi (Expert) 26 December 2014
once X has sold property to Mr Y by regd sale deed his POA has no powers to sell property to mrs Z .

Mrs Y can file complaint of cheating , criminal breach of trust against POA holder. she also has to move court for declaration that she is the owner of property and for setting aside sale deed made in favour of MR s Z

Devajyoti Barman (Expert) 26 December 2014
The brother of X can not act on GPA since by then X had alreay died and even if he gave GPA to hus brother, the same had no force with his death.
Thsi is a act of cheating for which he can be criminally prosecuted aaprt from bringing civil suit for declaration.