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Hemant Ahir (Officer)     04 April 2012

Sale land by using fraudulent document

Dear sirs,my father was mising since last seven years and till there is no any msg of him, other peson sale our land by using fraudulent power of attorney and sale deed in July 2010, now i want to know that the procedure of cancellation of power of attorney and sale deed, also please mention the time limit of submit the suit for the cancellation, please reply at earliast

thanks,



Learning

 11 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     04 April 2012

The facts are not clear...Immediately file a suit for cancellation - the period of limitation would be 3 years from date of knowledge as to voidness.

M. A. Khan (advocate)     04 April 2012

fraudulent POA can be sought to

be cancelled though court, with order of depositing original POA in court to prevent its further misuse.  On the basis of fraudulent POA sale deed is also void and u can seek declaration to that effect, from court.  period is three years from date of knowledge.

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     05 April 2012

Is there any complait filed by your family members about missing of your father, earlier?

Hemant Ahir (Officer)     05 April 2012

yes, in the year 2004 in police station, and i have related document with me

Dr J C Vashista (Advocate)     06 April 2012

After 7 years of missing  a person is presumed to be dead/ renounced, get it published in newspaper and declared.

You are to get the sale transaction cancelled and declared void by Court.

File a FIR/ Criminal complaint of cheating and fraud committed through POA. by purported vendor

Deepak Vishwakarma (Advocate)     06 April 2012

 

As per rule after 7 years of missing  a person it is presumed to be dead/ renounced, get it published in newspaper and declared.

You are to get the sale transaction cancelled and declared void by Court.

File a FIR/ Criminal complaint of cheating and fraud committed through POA. by purported vendor


(Guest)

File a FIR in police station..

File cancellation suit for said sale deed without dely.

Meet the civil lawyer he will guide you.

JANAK RAJ VATSA (ADVOCATE)     30 April 2012

your father reportedly missing for last 7 years is presumed to be no more/renounced (hopefully this should not be correct). you should immediately file a suit in the court for cancellation of the sale deed since the same has been got done by fraud on a forged POA and hence void.

Mahadeva Rao G (ADVOCATE)     02 May 2012

If the property is assumed to be in the name of the father and  if  he is missing from  past 7 years, according to law  he is presumbed to be death.   i.e,  no valid  title is  passed to anyone including legal heirs of the presumed dead  person  or  any other 3rd party  who  has created agreement of sale.   Mere  Agreement  even if it is genuine  will not  pass on  valid  title to the holder of  such GPA unless  registered.    SO  dont worry much,    Since u have 2004 document of  missing person  complaint first  file a suit  to that extent  for Declaration  and permanent injunction  to restrain  the  third parties  to  enter your  property.

Hemant Ahir (Officer)     27 May 2012

Dear Sir,

Please let me know that approx how much time takes the court for the declaration of legally death of my father, i already file the appliction in S.D. court in last month

Thanks & Regards,

Hemant Ahir (Officer)     27 May 2012

Dear Sir,

kindly please suggest me any cuase like declaration of legally death of the missing person after 7 years, it is very helpful me in my cuase


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