Shirish 09 October 2015

Cancellation of power of attorney

Hello,

My name is Shirish Shivarkar, i had query.

We have forefather property in Pune Rasta Peth, we are 25 owners and around 80 tenanents.

In 2006 my Uncle and one of the builder started with Developement and uncle did lot of unequality in distrubition of shares.

We have done registration and have signed Power of Attorney.

One of our family member till today have not signed any of the above.

Can we stop the actvity of SRA developement & cancellation of Power of Attorney.

Till 2012 there was no action from Builder, suddenly in 2013 uncle brought his partner and started with activity.

We are around 5 to 6 owners are not willing to go with the builder, we have sent notice in 2015 for cancellation of Agreement .

Our proprty is Chawl area , Uncle and Builder has started to take signature of tenanent and want to do the devlopenment under SRA scheme.

Is it possible if 5 owners are not ready still the builder can develop the property ?

Also can someone guide how would i able to stop all the Activity (want to bring complete stay ).

Can anyone suggest a way out ?

Thanks and Regards,

Shirish Shivarkar.

Shirish.Shivarkar@axa-tech.com

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5 Replies

saravanan s (legal advisor) 09 October 2015

is that a irrevocable poa?if so if the person to whom the poa had been granted had misused it then it can be revoked by filing a suit for cancellation in the court.

if there is no irrevocable clause in the poa and poa a registered one make a registered cancellation deed and also send a copy of it with ad to both the poa and the builder.also make a publication in the newspaper regarding the cancellation of poa and any transaction with the poa subsequent to the publication will be rendered void

Shirish 09 October 2015

Thanks for the information,

I also would like your expert advise , they have started to take signature of tenants (Builder & my Uncle) and planing to Devlop the same in SRA scheme, but is it possible for them without our signature .

Can they go ahead with the same,we have just send Notice for cancellation of agreements.

prashant m. joshi (lawyer/advocate) 09 October 2015

I aggree with Mr. SARAVANAN,also you contact your advocate.

bhagwat patil (Property due diligence 9422773303) 30 October 2015

If your share in property more than 40% you can stop .

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 04 February 2016

1. Immovable Property under question is "ancestral property" (forefather property)

2. POA and/or Registered documents for "immovable property" CANNOT be rescinded, in any manner whatsoever, UNLESS proved that it was signed dueto Cheating /Coercion /Fraud /Threat ....

3. It would be illegal and extortion, from builders point, to NOW declare and demand revoke /cancel the POA and/or Registered documents

4. TO get out of the situtation, the ratio-owners of the ancestral Immovable Property should have preferred for partition of the ancestral property, by following due procedure of law.

Keep Smiling .... Hemant Agarwal
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