sanjayrtn. (Exe) 27 January 2013

Power of attorney-validity

Details: Land at Chennai.Tamilnadu.

1997-Vendor executed an absolute sale deed for a particular Land by the way of Registered as a document in SRO-(A)
2008-the same vendor at a different SRO-(B) executed a POA in the name of her Son-in-law for the same land which was already registered in 1997
2011-holder (agent) of the aforesaid POA executed a settlement deed for the Land in the name of his wife during april,registered as a document in the same SRO-(A) subsequently, a month later, the executant of POA, lady expired
the aforesaid 2008 POA in SRO-(B) came to light only after the encumbrance was found in 2011 due to the settlement deed in theSRO-(A), till then it (POA) never got reflected in the EC

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What is the course of action /remedy??

How far this POA is legally valid, and subsequent registration of settlement deed valid???:

Is this action does not amount to playing Fraud on the "Public servant", by producing false evidence;

Do we need to approach the IG Registration??? or Court??? or Police?????

Is there any possiility of Justice??;

any help /advice?

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4 Replies

Advocate Vishnu (Advocate) 27 January 2013

once a vendor executes a sale deed, he/she loses all rights on the said property. The subsequent POA on the land has no legal sanctinity. You must seek an injunction against the encroachers/agents from creating third party interests on your property, and should seek cancellation of the fraudulent settlement deed.

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Anil Agrawal (Retired) 27 January 2013

File a police complaint for forgery and cheating and also writing to Registrar.

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sanjayrtn. (Exe) 28 January 2013

thanks a lot advocate vishnu sir, for your response and advise;

how to seek the cancellation of the fraudelent settlement deed? IG Registration or Court??

Advocate Vishnu (Advocate) 28 January 2013

The fraudulent settlement deed can be cancelled only by the court. The court decree will then be sent to the sub registrar who will then make the necessary changes to his record.Pl file an injunction along with the suit for cancellation of the fraudulent deeds.