• Land sold by power of attorney

My father Land was sold by power of attorney without my father permission or inform to my father in 2000 is this legal? 
My father was not recieve any amount of land. 
if this is not legal what we should do?
Asked 4 years ago in Property Law
Religion: Hindu

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23 Answers

1. do you have a copy of that power of attorney?

2. if yes, then does that power of attorney contain a power for selling the property on behalf of the grantor?

3. the property was sold in 2000. were any steps taken by you to challenge the sale?

4. its almost now 18 years since 2000. Under law, any legal action which you would now take for challenging the sale which happened in 2000, will be a stale claim and barred by law of limitation

5. even if you file a court case, the court will dismiss your case since it is already barred by limitation

6. by law you should have taken active steps within 3 years of the sale

7. i assume that the sale deed must be registered. once a sale document is registered then it comes under public domain and the public is deemed to know that such a sale has happened

8. so even if you come to know presently, that the property of your dad was fraudulently sold, your knowledge about the sale deed will be counted from the year 2000 and not now

9. so unfortunately there is nothing much which can be done

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

1. If power of attorney was given by your father for sale and management of the property then yes the sale is valid.

2. you father has to file a recovery suit for recovery of amount since there is substantive delay as the limitation period has expired long back you have to satisfy court of delay that you were not aware of such sale and the POA holder was responsible to pay the consideration amount.

Further a cheating and breach of trust complaint can be filed on POA for non payment but there also the substantive delay and that has to explained in FIR as it came to your notice now that poa has sold property long back in 2000.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) did your father execute POA in favour of seller: ?

2) if POA authorised agent to sell land he could do so

3) if your father did not receive sale proceeds he should have sued the agent to recover the sale proceeds

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

To answer whether or not this is illegal, the power of attorney in question shall have to be perused.

Prima facie, this sale looks to be bad for your father had no knowledge of the same and also, because he did not received the sale proceeds. Still it is important to see the contents of this power of attorney.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If the power of attorney holder was given right to sell property on behalf of your father then indeed he has right to sell property.

As your father has not received sale consideration he had to file for recovery of money. But the time to file a suit is over.and is barred by law of limitation as such you need to satisfy court for delay in filing.suit failing which your Case will be rejected at first instance.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. If the power was given to sell the property by the POA holder then he can sell the property.

2. However in such cases he is bound to give your father the dale proceeds of the property sold.

3. So before finding legality of his actions it is essential to know the contents of the POA and the reasons for giving POA to him.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Your question: is this legal?

Answer: This is my following response to you:

1. Is the POA registered or not?

2. If not then the sale is invalid;

3. If the POA contains no clause for sale/mortgage etc. then the person cannot sell even if he has a POA;

4. If the POA was obtained by fraud then you can file an FIR in police station;

5. You can also challenge the POA in court if there is no clause regarding the sale of land without permission of the the owner of the land.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

What was u waiting for from 2000.

What authority was given to agent through POA.

It`s almost time barred to challenge such old sale of property but u can try for recovery of sale amount,

Limitation will trouble.

Provide more details.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If your father had executed a power of attorney deed then he cannot claim anything about it especially after 18 years of such sale.

If the money was not received he should have claimed it within 3 years of selling.

Legally your father cannot do anything about it at this stage.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

It is illegal you can file cheating Complaint against your uncles.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Hello,

If the power was given to the said person to sell the land then the consent from your father was not required.

If no compensation has been received then file a suit for cancellation of the sale deed.

When was the property sold?

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Such kind of transfer is totally illegal therefore your father have right to initiate either criminal proceeding or civil proceeding or both. Your father can file suit for cancellation of that transfer or your father can file an FIR for forgery punishable under section 420 of the Indian Penal Code. You can initiate both proceedings simultaneously.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Dear Sir,

You may file a suit for declaration and if you are not in possession then in the suit you must also claim possession of the property. You must seek relief of declaration to the title of the property and also to declare that the said sale deed is not binding upon you as it was without consideration under bogus Power of Attorney. You must fight very hard and prove that your father not executed such Power of Attorney and not received any consideration amount and not given any power to sale the property. From 2011 the Supreme Court says GPA sales are invalid, this principle may also apply to your case as your father not received any consideration and there was no clause to sell the property.

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No property sale on power of attorney: Supreme Court

Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.

In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovableproperty sales is not a valid form of transfer of property.

A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.

"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.

The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Sir/Madam, if your father has given General Power of Attorney to the Attorney holder to sell the property on behalf of your father at that time the said sale transaction is valid. If your father really not received the sale consideration amount it can question to said attorney holder and sue for recovery of money (sale consideration) against the said attorney and also made party the purchasers before the jurisdictional civil court, before filing the civil suit your father has to be issue a legal notice to attorney holder and purchasers and also give police complaint in this regard. But it is suffering from period of limitation, if the said parties respond your query at that time you have strength to take action in this regard.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

Hi,

You may file case against POA holder.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

The registered sale deed executed by POA would m ent ion that land has been sold on basis of POA

2) It is necessary to enclose POA to sale deed

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

If the sale deed is registered then you can seek certified copies on application of sale deed and poa from the revenue office the taluka office where the deed was registered.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If it is a registered document then you can get the copies from sub registrar's office.

You can get the registered sale deed from registrar office and confirm all the desired details from the documents.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Claim your land back by way of filing a suit.

Contact a local lawyer and approach the District Court and file a suit.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Apply for certified copies and also for encumbrance certificate for last twelve years. You will find how the property was sold and by.whom it was sold. It will have name of purchaser seller and how the property was transferred. After that if you find out.there is fraud in transactions you can file a suit for declaration.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

the power of attorney should be attached to the sale deed itself. Have you checked the sale deed attachments?

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

apply for certify of sale deed ,

And file suit of possession on the basis of your sale deed.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

This is in further response to you:

1. If there is no POA then the sale is illegal;

2. You can also approach the gram panchyat saying the property of your father was never sold therefore;

3. And your father continues to remain the real owner of the land;

4. If the buyer also has no property documents then the sale itself was invalid;

5. File a complaint to the police station against the buyer and the person who sold your father's property;

6. If nothing else then approach court and get a favourable order (since you have all the merits).

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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