SANDEEP KUMAR (librarian) 07 April 2014
Sir I have a land in Lucknow. My father is an illiterate person. In 1998 there was a person X, who did fraud with my father and my father signed on power of attorney unknowingly. X sold some parts of land. After knowing this my father cancelled the power of attorney. Some people had constructed their houses and living for more than 12 years. But still some sold land is free from construction. Can I get my land back which is not constructed? May I get possession over it? Please help me.
Sudhir Kumar, Advocate (Advocate) 07 April 2014
TIME BARRED CASE
Sanjay Gautam (Advocate) 11 April 2014
Once a Power of Attorney is duly executed and an act is done by the attorney on the basis of that POA within its limitation, it can not be reversed. Even the POA was cancelled but the act done between granting of POA and cancellation of POA stand valid. The only way out is to prove that POA was taken fraudulently, coercion etc. Also it may not be executed properly if you find any lacuna in it. but to get back the land is very distinct, the court may allow damages to you if you prove your point of fraud.
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