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Amanpreet (none)     13 February 2013

Relinquishment deed on basis of gpa

Hi, 

My aunt is one of the 10 legal heirs of a particular property. She signed a General PoA in favor of one of her sisters to act on her behalf with matters related to the property. The Sister used the Genral PoA to create a relinquishment deed in favor of one of the brothers - relinquishing all the sisters shared using similar PoAs. 

My aunt revocked the PoA when she smelt something fishy and sent the notice to all parties involved.

in the mean time The brother got the property mutated in his name in the munical records based on the Relinquishment Deed. My aunt has now approched the DDA to cancel the mutation and has also filed a case for partition alleging she never wanted to relinwuish her share to her brother. 

I want to know specifically - 

1. Can a Relinquishment Deed (RD) be made using a General PoA and not a Special PoA

2. Can the authority mutate the property based on a RD made using a General PoA and not when it has the actual signatires of my aunt on the RD.

3. What is the remedy that we have now - given the property is still no sold

4. 



Learning

 1 Replies

sharavanakkumar.m (advocate)     13 February 2013

1).POA CAN DO WHAT EVER YOU CAN DO. But he is under accountable state.Hence, you can challege the release deed against the PAO and the beneficiary.

2).you can also file a police complaint against both


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