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Jainantony Antony   03 March 2020

to get possession of land

l had purchased a land on 2001.After that i went to abroad with family and i entrusted the land to my brother to look after the land.but in the last year when i reached in the native place.it is came to know that my property sold by my brother by making a false power of attorney on his behalf. now the buyer built a home in that land.what remedy available to me?


 7 Replies

Adv B.B.Gambhir #9814820602 (advocate)     03 March 2020

First of all move a application before the police and mention about the fraud committed with you. Then file

a civil suit for declaration for cancellation of power of attorney, suit for cancellation of sale deed and seek

the relief of possession (Section 34 of Specific Relief Act) besides the relief of injunction (Section 37 of

Specific Relief Act) as soon as possible. Do not forget to implead all the persons as party.  

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 March 2020

Expert Gambhir has rightly advised you. I do endorse his views.

G.L.N. Prasad (Retired employee.)     04 March 2020

The limitation period for fraud commences from the date of knowledge and also from date of haing such document suppressed from the victim.  Your advocate can build a case and immediately file a declaration suit seeking possession and cancellation of sale deed executed on your behalf by your brother.  First check the specific POA terms and conditions and keep all electronic correspondence that shows your ignorance on the issue of such illegal sale.

P. Venu (Advocate)     04 March 2020

Committing fraud is a criminal offence and, to my knowedge, there is no limitation in initiating or making a complaint on the facts, as posted.

Adv B.B.Gambhir #9814820602 (advocate)     04 March 2020

As per Article 59 of Limitation Act relief of declaration for cancellation of document shall start run within 3

years from the date of knowledge.

Dr J C Vashista (Advocate)     05 March 2020

When was the property sold ? Who is the vendor (seller) ?

Whether the seller was authorised by you or not ? Whether the property was freehold or leased ?

It is advisable to consult a local prudent lawyer with relevant information/ facts/documents for proper analyses, professional guidance and necessary proceeding

Varun Singh Kalra   17 May 2020

Hello Jainantony,

Your query has been answered by Advocate Vaibhav Kalra in this youtube video - https://www.youtube.com/watch?v=2-iyVqsW4kg from  -  1.14.20 - 1.17.30

LAWyersClubIndia is coming with many more such Quick Query Resolution sessions for the querists looking for legal advice!

Hope you find this useful!

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