Hello,
You may file a civil suit for cancellation of the sale deed on the basis of the POA.
Since it is a 17 year old matter, it will be little difficult for you to fight the case
But any ways you may contact a local lawyer and file a case
regards
Whether agricultural land sold under forged poa, can it be nulified without police complaint
My father was granted 4 acres of land near anekal, A sale agreement was done by my father in 1997, but the purchaser did not pay full amount and also it was not registered in his name, later he has created a power of attorney with forged signature of myself my mother and my father, in the year 2001 and sold it to a different party, there was no poa excuted in his favour and also my fater had expired in year 2000 it self, whether the sale excuted is valid, and also in phani my father name in there from the year 1972 to 2001 and khata is also there, but i dont have the copy of mutation copy and hakku patra, which the govt officials have destroyed, hence to claim in the court of law how to go about. i dont want go to police, where polic will demand heavy money and also he is very influntial
Asked 6 years ago in Property Law
Religion: Hindu
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9 Answers
File a Suit for Declaration, declaring the sale deed is null and void which is registered under fake POA. make all the purchasers and alleged POA holder as parties and provide all the documentary proofs to prove your case.
Hi, you can file a civil suit for declaration in court .. The documents you have are sufficient to prove your titleship .. How can government records be destroyed.. Of it is son, then a FIR will be lodged against the officials involved
1) file suit to set sale of land through forged POA
2) take the plea that father died in 2000 how could POA be executed in 2001
3) seek orders to set aside mutation of land in favour of purchaser
4) seek injunction restraining sale of land
considering above facts,
The sale is invalid. Government officials can not say that they destroyed mutation copy, title deed .. etc., You may need to register a complaint with revenue department to get the copies. Talk to a lawyer to get this done.
It is the criminal act of cheating, forgery, impersonation, criminal intimidation ... etc., . You need to approach police station Or meet DCP / CP ( if local police refuse to take your complaint ) along with your lawyer. If any of these police officer refuse to register the complaint then approach jurisdictional magistrate court to get order to police to file a FIR.
Legally police can not demand money to register your complaint and Nobody can influence the Law.
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You may get back to us.
Why u were waiting till today when sale effected 2000.
1. You should lodge a police complaint to this effect as the Civil court might ask why have you not lodged a police complaint after understanding that your signature has been forged to create a POA for illegally transferring your property.
2. You can send the complaint letter by speed post and keep te track record of delivery which wilkl be adequate to prove that you had lodged police complaint about the said forgery.
3. Now, you should file a declaratory suit before the Court praying for a declaration that the title of the said property stands in your name and that the subsequent sale deeds are invalid since the owner's signatures have been forged while executing the POA based on which the sale deeds have been executed and registered also praying for a direction upon the Registrar to cancel the registration of the said sale deeds.
If you want to approach the civil court to challenge the alleged sale transaction executed pursuant to the forged GPA, then all documents of title of your father have to be put before the court. If these documents are lost or destroyed you can obtain certified true copies from the concerned offices.
It is a civil case, therefore you need not go to the police.
The sooner you file the suit in the civil court the better.
What were you doing all these 17 years if the buyer had forged your signatures and sold the properties with the help of forged POA?
You may have to explain the reasons for delay in approaching the court because any such fraud has to be cancelled within three years from the date of such an event.
However you may approach civil court with a suit for cancelling the sale deed and possession of property if you do not have possession on the basis of the documentary evidences in your possession and merits.
