madevi (y) 12 October 2010

cancenlling power of attorney

X and Y have given power of attorney to Z for a inherited property situated at Tamil Nadu. Now X came to know that Z sold the property against the wishes of X . According to the POA Z has to produce records to X incase of selling but Z never intimated X about selling nor did Z show any records and did not give any money from the selling to X(x came to know about the selling through another person).X feels that he has been cheated and would like to cancel this POA as this doesnot complice as said in POA . Y doesnot want to cancel as he got some money from Z through the selling.Can X cancel this POA without Y? Should he hold the original document for this? This POA was registerd in aug 2009.The original document is with Y.

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5 Replies

aruntrivedi (lawyer) 12 October 2010

You can declare that your POA has done wrong by public notice and you do not confirm or ratify same. Also declare your POA void by Public Notice in newspapers. Also inform the purchaser of property as well as revenue authority as well as Registrar of Assurances. Also register your Deed of Declaration making void the sale of property executed by your POA, it will further restrain the property to be transferred in name of purchaser if transfer, it will further restrain him to sale or dispose it off and also it prove to be best making whosoever holding property being clear and marketable.

Issue Notice to surrender documents and further file civil suit claiming possession of documents

those are only remedies. Hope suggestions will help you with assistance of local lawyer.

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Vinoba (Advocate) 12 October 2010

Hello,

Obviously, 'X' can sue his POA for rendition of accounts before civil court of law and can also seek for cancellation of sale deed in this regard.

L. Vinoba

Advocate,

Pondicherry.

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Pradeep (student) 12 October 2010

i want to know about sec 138 ni act

madevi (y) 12 October 2010

The subregisteror is insisting for original document or POA agent to sign to cancel the POA (as per amended act ).But this POA was registered before the Nov amendment.
Can the cancellation of poa be registered without Y(another owner) and Z(agent) and original poa?
Is there any provision for the subregistror to insist it?
If he insists or resists what is the way out?