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mudassir (pr)     23 April 2010

cancellation of power of attorney

hi... i want to know how can i cancel the power of attorney , given by my father to a person on an RS 100 stamp paper ,which was just noterised  some 15 years back 



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 8 Replies

ravikumarbcombl (advocate)     23 April 2010

Hi, actually the power of attorney you are saying is only notarized .. ...not registered one  hence no need to worry about the enforceability.. because registered one only legally enforceable.. in  certain extent notarized POA is valid only for the purpose of buying and dealing some affairs of the principal for the benefit of himself... like mutation of records, etc.. secondly you said 15 years back.. so exactly not at all valid unless and until the principal confirm the existence and validity of the Power. So it' s no doubt nothing to worry.

 

Regards

 

ravi

2 Like

Arvind Singh Chauhan (advocate)     23 April 2010

Your father can revoke it by publishing revokation in news paper.

2 Like

Arati Gawde ( Legal )     24 April 2010

Agree with both the Advocate

1 Like

CA Adarsh Agrawal (CMD of SHAYVIDZ Group)     26 April 2010

very important information !! thanks !!

1 Like

mudassir (pr)     27 April 2010

Hello there......... but i would like to include that the person whome my father had given the POWER OF ATTORNEY , has now made a sale deed with some other party        ..... for which i got to know through the latest 7\12 and ferfar report ....... the person had done the sale deed some months back .....for which he had published a paper notice , to which we had taken an objection through a notice given to his advocate by regAD     ......  then also he made the sale deed .... and now the person whome my father had given the POA is offering us an amount Rs7 lacs ...but the actual value of the land is Rs30lacs ....what should i do now ?  how can i cancel the sale deed ? ....... i have hierd  an advocate to send notice to the talati and the persons involved in this whole case ... would be thankfull if u help me out ......................

mudassir (pr)     30 April 2010

hi..... can i get solution to my question

mudassir (pr)     30 April 2010

Hello there......... but i would like to include that the person whome my father had given the POWER OF ATTORNEY , has now made a sale deed with some other party        ..... for which i got to know through the latest 7\12 and ferfar report ....... the person had done the sale deed some months back .....for which he had published a paper notice , to which we had taken an objection through a notice given to his advocate by regAD     ......  then also he made the sale deed .... and now the person whome my father had given the POA is offering us an amount Rs7 lacs ...but the actual value of the land is Rs30lacs ....what should i do now ?  how can i cancel the sale deed ? ....... i have hierd  an advocate to send notice to the talati and the persons involved in this whole case ... would be thankfull if u help me out ......................

AMOL (Lawyer)     30 April 2010

First Check out whether the POA given by your father had a clause to sell that property or it was only given for the purpose of Development. If it had a clause for selling the property and he has already sold that property and he is offering you less money send a demand notice first, if no reply or evasive reply file a suit for recovery of money.  If the POA has no clause to sell the property then file a suit for declaration that the sale deed executed is null and void and not binding on you.


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