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SANDEEP KUMAR (librarian)     22 July 2014

Land sell agreement by general poa,can it be cancelled?

There is 3000 sq feet land in Lucknow registered by my father's name. My father signed a general POA to a person X in 1998. In the same year Mr. X sold half of the land i.e. 1500 sq feet and also Mr. X signed an AGREEMENT TO SALE the rest land 1500 sq feet to a person Mr. Y. When we got to know we firstly cancel the POA. Now Mr Y is claiming on whole land. but we are refusing to give the whole. We are accepting that 1500 sq feet is registered to his name, So we are bound to give it, but can we get the left 1500 sq feet, which was only an agreement not any registered agreement?     



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 6 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     22 July 2014

If u have given rights to attorney to sell he has to take ur endorsement. Balance land he cannot sell
1 Like

Dr J C Vashista (Advocate)     23 July 2014

What are the terms and conditions of the POA?

Whether the attorney was authorised to sell the plot/ part of plot as per POA?

Who is executant i.e., your father or some one else?

Why and how can executant i.e..,if it is your father, revoke / cancel POA in 2014 if the same was granted in the year 1998, that too after sale of whole/ part of land?

SANDEEP KUMAR (librarian)     23 July 2014

1.       The POA was a fraud with us. My father did not sign any POA knowingly. They made him sign with some another document. All the conditions are in their favour. They were just a team of property dealers.

2.       As they made conditions, the attorney was authorized to sell the land.

3.       My father is executant.

4.       The POA was cancelled in 2004.

5.       We did not get to know that land was sold.

6.       Attorney was died in 2009.

 

7.       We have constructed a boundary around the 1500 sq feet area.

T. Kalaiselvan, Advocate (Advocate)     25 July 2014

If the POA was cancelled, any transaction done by the agent subsequently will stand invalid.  In this case since the agreement was unregistered, it will not be legally valid if challenged in the court.  Moreover it appears to be barred by limitation.

1 Like

Dr J C Vashista (Advocate)     25 July 2014

Contact, consult and engage a local prudent lawyer to get the transaction(s) and POA cancelled/ nullified through a decree of declaration.

1 Like

K.K.Ganguly (Advocate)     26 July 2014

1. If you think that the said POA was obtained by fraud, then did you lodge a police complaint to that effect?

 

2. If no, then your claim that the POA was obtained by fraud after the propeties/plots have already been sold, may not be accepted by the Court,

 

3. Immediately lodge a police complaint to that effect.


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