FLAT 20% OFF and 3-Months ADDED Validity on All Courses Absolutely FREE! Enroll Now Use Code: INDIA20
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

gurupreet (business)     09 September 2008

I need Help on "How to Cancel a notarised Power of Attorney"

HI,

I need help on "how to cancel a NOTARISED POWER OF ATTORNEY"..

Dear friends some one has made a back-dated power of attorney (notarised) for sale/transfer of 50% of my share in a flat and using this POA has executed a Transfer Deed for transfer of my 50% share to his own name ( attorney holder has himself acquired my share )



This POA does not bear my signatures and also the POA doesnt have the stamp and signature of any advocate as a witness.



The Transfer Deed copy shows no power of attorney attached/scanned and the POA is not part of the TRANSFER DEEED though they have got it adjucated before.



My question is how to now get this forged POA cancelled as easily as possible...



I dont want to press for criminal charges are the person involved are my own blood...

Please Help.....Thanks in Advance :)


Follow up to your advise :)


Dear Friends,


I have some questions....


1. Do i have to approach the same notary who has notarised this forged POA ( This notary has been arrested 4 times before on similar cases ).


2. Why i need to approach the nearest magistrate.


3. The registered transfer deed- TD made on the basis of this forged POA has a mention to the back dated POA. I got a certified copy of theregistered TD from the sub-registrar but for some reasons there is no POA attached to the registered TD ( It contains a rubber stamp saying "Supporting Document not Registered" ).... How is this possible....how can a TD be registered on basis of a forged POA and the POA  not be part of the registered TD?


Thanks in Advance....


Gurupreet



Learning

 9 Replies

N.K.Assumi (Advocate)     10 September 2008

Revocation of POA lies with the Pincipal who executed the POA. See section 201 to 210 of the Idian Contract act. U want to address ur right in a very limited circle otherwise the Principal will be criminally  liable for his act. it is also not mandatory that an advocate should be a witness as any other reasonable persons can be witness to POA. If the POA has been executed before a notary,oath commissioner or other officer competent to authenticate the POA check in that office how POA was executed. No person can execute POA to grab other's property.

Guest (n/a)     11 September 2008

Hi Dear, You can execute the cancellation deed of said POA and get it registered with the nearest Judicial magistrate of your native area. The POA whatsoever executed or obtained by fraude will automatically cancelled , and no transaction or change of time can be ensured on said POA after registration of cancellation deed.
Thanks

Guest (n/a)     11 September 2008

Hi Dear, You can execute the cancellation deed of said POA and get it registered with the nearest Judicial magistrate of your native area. The POA whatsoever executed or obtained by fraude will automatically cancelled , and no transaction or change of title can be ensured on said POA after registration of cancellation deed.
Thanks

gurupreet (business)     12 September 2008

Dear Friends,


I have some questions....


1. Do i have to approach the same notary who has notarised this forged POA ( This notary has been arrested 4 times before on similar cases ).


2. Why i need to approach the nearest magistrate.


3. The registered transfer deed- TD made on the basis of this forged POA has a mention to the back dated POA. I got a certified copy of the registered TD from the sub-registrar but for some reasons there is no POA attached to the registered TD ( It contains a rubber stamp saying "Supporting Document not Registered" ).... How is this possible....how can a TD be registered on basis of a forged POA and the POA  not be part of the registered TD?


Thanks in Advance....


Gurupreet

anil kumar (service)     25 September 2008

Dear Gurpreet,


As per you, the property has been transferred by the holder of a power of attorney bearing your forged signatures allegedly executed and authenticated by a Notary Public. Firstly, a forged document is a void-ab-initio and is nullity from the very beginnning and, therefore, there is no need to go in for cancellation of document which has not been executed by you. More over, cancellation would not anyway improve the position when the document has been acted upon and the property transferred by the attorney holder. The remedy available in the fact situation is to lodge a complaint before the concerned sub-registrar to cancel the registration of  transfer deed on the ground of denial of execution of PoA by invoking the provisions of Section 35(3) of the Indian Registration Act. If the same donot fructify, then a suit for declaration may have to be filed to seek declaration that the Transfer Deed is null and void and for other consequential reliefs.

Jayesh Bheda (Advocate)     02 October 2008







I agree with Anil Kumar.


 


However, I believe the provision of S.35(3) will not be attracted. As the execution has not been refused, because the PoA holder has admitted (however, fraudulently) the execution and therefore the registration is complete and the Registrar will not be able to intervene, and only remedy lies as to file suit for canceling the sale deed on ground of fraud etc.


Shyam Ji Srivastava (Practising Lawyer)     02 October 2008

Dear Mr. Gurpreet,


I agree with the view of Mr. Anil Kumar and I want to add that plz. send immediate notice to the company where the share has been transferred stating that the POA is not executed by you and secondly lodge a complaint against the concerned NOTARY before District Magistrate and copy to the concerned state Govt also send a complaint to the Bar counsil of the state against the Notary. I think it will be sufficient for you to solve the problem

aruntrivedi (lawyer)     11 October 2008

Dear Guru: Please execute cancellation Deed of POA and get it registered with the appropriate authory and publish Public Notice in the newspapers informing all concerned and yr POA Holder with respect to the cancellation of POA given to Mr. .... and being cancelled/revoked and hence forth no transaction should be undertaken and if so done it shall be their own liability. Also for all or any misdeed you can issue him notice and to all concerned and concerned authorities like Sub-Registrar about non-confirmation of all Deeds, act and tasks undertaken by said your constituted attorney and because under the POA Act, 1981 you are required ratify all his deeds, acts and tasks executed on your behalf, if they are not confirmed and ratified they are all has no consideration in legal terms and can be treated as null and void. Also if your constituent have executed any Sale Deeds, Lease Deeds or any other such type of Deed or document you have to approach appropriate court for its cancellation. Many a times POA holder becomes hositle and do not work or behave in favour of donor of POA and in all such cases it becomes imperative for the donor to cancel those POA. Hope this will solve yr query. if any further I may please be posted.

Sushil Kumar Bhatia (Advocate)     25 October 2008

Dear Gurpreet, First of all you should lodge a FIR against the person who made forged siganature in his name and persons envolved to execute the forged POA.Its absolute forgery committed against you to grab your property.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query