Father died(kiran kumar) on 08/2003(my grandfather, my mothers father). Property is in Bangalore. Brothers( 5 brothers i.e son's of kiran kumar) Took a sign for release deed from all sisters(3 sisters i.e daughter's of late kiran kumar) for all survey numbers that includes fathers property and ancestral property on 5/09/2004. They have not given any money or property to their 3 sisters But they have mentioned that they have given 3 lacs in cash for each sister. They did not take sign from me, my sister and father (Abhay son of 2nd sister I was 16 and my sister was 14 when release deed was done, husband of 2nd sister is Gopal) All 3 sisters are uneducated inclding my mother(2nd sister). Brothers have made their partition deed on 25/10/2004. Again in July 2011 took all sisters(daughters of kiran kumar) sign and made a registered POA(power of attorney) at sub registrar office on 5th guy(last son of Kiran kumar i.e 5th guy name is ravi).. I was 23 in 2011 (Abhay son of 2nd sister). In POA they have mentioned IRREVOCABLE. The reason to execute registered POA is because they needed sisteres sign every now and then. They were giving land to construct apartment through joint venture. So builders needed it. They promised all sisters that they will give property but they have given only one site(1200 square feet) recently in 2017 to 2nd sister(my mother) for remaining sisters they have still not given anything. They have 1 more acre of land belong to late kiran kumar( my grand father). They have not taken sign for this land from sisters and not mentioned anything about this survey no. on the POA.( Not mentioned in release deed also). We got to know all the above information just a month ago after taking all the certifed copies from registrar office. ( when we understood we are cheated by all and more by Last son 5th guy who took POA). Question is How do we revoke the POA? and can we take it to the court and please guide us what best we can do now to get the share?(Others sister may not be ready to go to the court at this time)?
1) issue public notice of revocation of POA in favour of Ravi
2) also issue notice to Ravi that power of attorney stands revoked
3) file suit for partition for division of property by metes and bounds
4) if your mother has executed relinquishment deed duly stamped and registered she would not have any share in said property
1.Well,firwt ofyou you or your sbilings ahve no sahre in the land and hence your obejction if any raised will not stand in any court.
2.Only your mother along with her sisters had share in the proeprty which is or was ancestral property of their father.In the self acquired property of their father they had no share.
3.However unfortunately they had relinquished their respective sahre first by release deed then by partition deed.
4.Now only way to claim their sahre which seems to have been lost for good is to file suit to set aside those relse and partition deed on the ground of exercise of fraud and misrepresentation.
5.The merit of such suit is very weak due to passage of time and registration of the deed.
6.The POA though they can revoke at any point of time but that may not salvage any proeprty in their favour anymore due to making of release and partition deed.
The revocation of power of attorney deed can be made by issuing a registered notice to the power agent by all those or even one of the principals.
Their authority to act continues until the power of attorney is revoked (i.e. cancelled). In power of attorney terms, the person who grants (and can revoke) the power of attorney is referred to as the 'Donor' and the person (or persons) who acts on their behalf is known as the 'Attorney'.
Despite its name, an irrevocable power of attorney can be revoked in some situations. If the agent or attorney-in-fact is abusing his position by acting in a manner contrary to the best interests of the principal, a court action can be filed to revoke the power.Provide your Attorney with the notice they are entitled to if you decide to revoke or cancel their appointment with this deed of revocation.
Until and unless your mother and her sisters have not executed a registered release deed, the relinquishment that they have reportedly made long ago shall not be valid, they can claim their share in the properties even now.
Power of attorney was forged and executed in 2011 along with my 2 other aunts(my mothers sister all are in educated). They may not come to cancel the POA because they are stil in their control. How we alone can cancel POA? Will that be complicated?
If your signature has been forged file Police complaint of cheating , forgery against the culprit
2) seek court orders to set aside sale / transfer of property on basis of fraudulent power of attorney
It is not necessary that all the principals have to jointly cancel the oPOA deed, even one principal do not want to continue with the POA arrangement, she can do so by issuing a legal notice under registered post to the power agent and may inform him to be present before the concerned registrar's office on the time and date as per his convenience to cancel the registration of the POA by executing a registered revocation/cancellation deed accordingly.
If the agent is not turning up, then with the copy of the legal notice, your mother can file a suit seeking to cancel the POA deed executed by jointly along with the other principals i.e., her sisters, along with an application for injunction seeking to restrain the defendants from alienating the property on the basis of power of attorney deed given by your mother.
If you think that the POA was forged then file a police complaint with regards to the same and after filing the same file a suit for cancellation of transfer of property since the same has been done on the basis of a forged POA.
Regards
Hi, I have checked at the subregistrar office and there is no registered RELEASE deed done in 2004. I would like to make it short and correct my main paragraph. Grandfather(my mothers dad) was died in march 2003. only 5 brothers along with my grandmother have executed a partition deed in february 2003. Just one month before he dies. The land was self aquired(purchased) by grandfather. The land is about 2 acres. in 2004 again only 5 brothers executed a partition deed along with my grandmother. The land was ancestral property. The land is about 1 acre. Now they all have sold most of the property and only small part of the total land is remaining. The sold property has apartments and buildings. In 2011 They took all my aunts including my mother and executed a POA(power of attorney ) at subregistered office on one of the brothers. All sisters are uneducated. No one has received any share so far. Can my mother alone file a case and does she have chance to get share, we are worried because grandfather died in 2003. We are not sure there was any will? How strong is this case in our(my mother) favour? If my uncle does not appear for cancelling POA after sending a legal notice, can my mother alone go ahead and take it to the court if my aunts are not ready to support us since they also signed on the POA? Please advise me.
1)your mother should issue legal notice to her brothers for revocation of POA and also issue public notice in this regard
2)your mother can file partition suit to claim her share in property
3) seek injunction restraining sale of property
She can not claim a right over the self acquired property of grandfather.
Your mother is a legal heir to her deceased father.
Therefore she is entitled to a legitimate share in her father's property.
If she had also executed a power of attorney deed jointly in favor of her brother to sell her share of property then she cannot claim any share in it as on this date.
However if the brothers and her mother alone have partitioned the properties among themselves, leaving all the daughters without any share, yior mother can fight the matter on the basis of partition deed wherein she was excluded without allotting any share to her in the property.
In any case your mother can fight the case alone by herself too seeking her legitimate share in the property
Consult a local lawyer and proceed as per his further suggestions.