P O A after Death of Owner.

Querist : Anonymous (Querist) 26 April 2011 This query is : Resolved
Dear Experts of the forum,

In the instant case attorney of a P O A executed a sale deed after death of the owner of the land and that to after a lapse of 7 years.

Now the case in a Civil Court for a partition ( Between Brother & Sister ). Defendant ( Brother ) knows this fact. What should plaintiff do in this case?

Thanking you All in advance.

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R.Ramachandran (Expert) 26 April 2011
Facts are not clear. Please tell the complete facts and then the query, then only an appropriate answer can be given.

Devajyoti Barman (Expert) 26 April 2011
Yes on this information nothing could be advised.

Querist : Anonymous (Querist) 26 April 2011
Dear Friends,

Father F has executed a P O A to X. F have one son S and one daughter D. F died in the year 2003. X uses the P O A (given by X, in the year 1992) , in the year 2010. Now brother & sister is fighting a civil case for partition case stared recently ie in the year 2011.

Sir,if further information is needed Please provide me your Email address so that i can send whole case history.

Thnaking you ALL once again, for the time you have given to me.

R.Ramachandran (Expert) 26 April 2011
They have to challenge the Sale Deed itself and seek for its cancellation. The Sale Deed will be cancelled by the Court on the sheer fact that the POA has no validity after the expiry of the person granting the POA.

M/s. Y-not legal services (Expert) 27 April 2011
Yes. Am agree with mr.ramchandran

Querist : Anonymous (Querist) 27 April 2011
Dear R.Ramachandran Sir,

" To challenge the Sale Deed itself and seek for its cancellation. The Sale Deed will be cancelled by the Court on the sheer fact that the POA has no validity after the expiry of the person granting the POA ".

For the above act any court fees has to be paid? As i have already approached the CIVIL COURT for partition of the property, as i stated earlier/ above.

Thank you very much.

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