• Fraud using Power Of Attorney

Me & My mother reside in West Bengal, We inherited a property (share 50%) from my late father & the rest 50% belongs to my uncle. On constant persuasion from my uncle (as he is getting old & need to dispose all property he kept a person X to do all his odd jobs & run from pillar to post, he told us that he also provided him a POA) we provided a Power of Attorney to the Person X in 2014.
In our POA it clearly states that the attorney has not rights to deal in any money matters. It also states that the attorney has no rights to sell any property as scheduled in the POA.
On 22/05/2018 we came to know through IT dept notice that my uncle & the attorney sold a part of the property to 5 persons in 5 registered sale deeds on 26/05/2016 where the attorney signed on behalf of me & my mother using the Power of Attorney registration no in each registered sale deed.
We instantly cancelled on 25/05/2018 the POA with another fresh deed & notified the attorney & public through local newspaper.
I went to the district registrar who told that the registration can only be cancelled by a court order.
My questions are:-
1. What are the minimum numbers of steps required to get the registration of the sale deed cancelled?
2. How many cases do I have to file to cancel all 5 sale deeds?
3. If a case be filed who do I have to make the party? i.e., Attorney X, or the buyer or the registrar or my uncle or every one?
4. Do I have to file an FIR?
5. What Other steps needs to be taken?
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

1. You have to file a civil suit for cancellation of the registered sell deed, also case of cheating and fraud has to be registered on the POA holder.

2. You can file a single case against all 5 persons and 5 registered sell deed as cause of action is same and the similar relief claimed.

3.You have to make X and the buyer the party if uncle had any role then he is also a necessary party.

4. yes.

5. Check if the property is mutated in the buyers name then give an objection before the revenue authorities.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

If it was specifically mention in POA, not to deal in money matter and to sell the property, so no question of cancellation of sale deed arise.

Its a case of 420, 406, 34, 467, 468 & 471 IPC ( cheating, forgery ). File FIR against all, even purchasers.

Cancellation of sale deed is required in cases, where no criminal act, here file FIR.

That will cost u litigation cost, better peruse FIR,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) you have to file suit to set aside sale deed executed by POA holder

2) 5 suits have to be filed by you

3) you have to make POA holder, purchaser party to suit

4) also file FIR of cheating , criminal breach of trust against POA holder , purchaser

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

1. There is no way a deed of conveyance can be cancelled. To do this you need declaration from court for which you are required ti file a suit for declaration that the deeds under challenge in the suit is null and void.

2. If buyers are different then 5 separate case is to be filed.

3. Yes, you wiil have to make the constituted attorney as well the buyers as party to the suit.

4. Yes , you can but it is optional.

5. Consult with a good lawyer having expertise in civil litigation.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) You have to hire a lawyer from your city.

2) File one case against all of them, you have to make all them defendants your uncle, the POA person and 5 person of sale deeds. Plus make the party to Registrar of your area who had registered the sale deed on which basis he had registered sale deed.

3) Try to register FIR against them secondly take possession of your sold property.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You need to file suit for cancellation of sale deed. If the sale transaction are different and involve different persons then different suits have time be filed. You can also exercise criminal remedy of cheating and forgery against them

Prashant Nayak
Advocate, Mumbai
27234 Answers
88 Consultations

4.4 on 5.0

Firslty, you need to file an FIr against that X person who has used the POA for another purpose apart from the same for which it was made.

Secondly, as it has been used by someone else so you do not need to worry about anything just file one suit for cancellation against all five.

Thirdly, make party X and buyers also.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. You'll have to file suits for cancellation of sale deed, as the acts of the POA holder were ultra vires.

2. You'll have to file 5 civil suits.

3. You will have to make Power of attorney holder and purchasers as necessary parties to the suit.

4. Yes, u/s 34/120b/406/415/420/467/468/ 471 IPC

5. Try to lodge FIR on priority basis.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

You have to file suit for cancellation of said sale deeds separately because of date of registration is different and it arose cause of action dates will be different and it will be 5 cases, during the proceedings of cases will be clubbed for connected the matter. With regard to parties you have to make all concerned parties with related to the said sale deeds transaction. All the best.

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

4.7 on 5.0

Against all.

FIR and criminal case same thing, Civil case not requited until police file closer report in FIR.

Single FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You have to lodge FIR against POA holder and purchasers

2) criminal case is for punishment civil case is to set aside sale deed

3) you have to register 5 cases

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

You have to narrate only in details of all transactions of POA and sale deeds along with attorney and all purchasers in the form of police complaint before jurisdiction police station, the police authority will have to decide which sections applies. All the best.

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

4.7 on 5.0

1. Since Specifically written in POA that no sale can be made it was duty of official to check same , so it was negligence or a common act of all so against all.

2. See on FIR the criminal case is automatically registered but you have to file a civil suit for cancellation of the registered document.

3. See you can file a same case there wont be any issue.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. You shall have to file declaratory suits praying for a declaration that the the sale deed registered by the said person is invalid for want of authority also praying for a direction upon the Registrar to cancel registration of those sale deeds.

2. Ideally you should file separate cases since if you file one suit challenging all 5 sale deeds and if one such sale deed is found to be in order then your entire suit covering all the 5 sale deeds will be dismissed. If you are sure that all the sale deeds are illegal hence invalid, then you can file one suit covering all the five sale deeds.

3. You should file the case against Mr. X and the buyers making your Uncle as the Proforma Defendant.

4. You shall have to lodge a police complaint against Mr. X and also the buyers first for causing fraud against you and for cheating you.

5. Engage a local experienced lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. You shall have to lodge a police complaint against Mr. X and also the buyers first for causing fraud against you and for cheating you as suggested in my earlier post.

2. Your lodging a police complaint might lead to a criminal case against the perpetrators of the crime which will not give you any relief which you can expect from a Civil court like cancellation of the registration of those sale deeds.

3. It will be prudent on your part to file separate cases subject to certain conditions as suggested in my earlier post.

4. You shall have to lodge the police complaint and also the said case with the reasonable time otherwise the delay might be questioned by the Court on a later date.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

My questions are:-

1. What are the minimum numbers of steps required to get the registration of the sale deed cancelled?

You may have to file a suit for cancelling the registration of the sale deed done on your behalf.

2. How many cases do I have to file to cancel all 5 sale deeds?

One single suit shall be sufficient in which all the parties of the sale deed can be impleaded.

3. If a case be filed who do I have to make the party? i.e., Attorney X, or the buyer or the registrar or my uncle or every one?

Everyone including the registrar.

4. Do I have to file an FIR?

Not necessary, it is not maintainable

5. What Other steps needs to be taken?

First consult an advocate in the local.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

1. Do I have to lodge FIR against the attorney or the buyers or the registrar or all of them?

No, you cannot lodge a criminal case agaisnt anyone because ther is no criminal offence involved in it.

2. Will lodging an FIR against the accused do automatically lodge a case, punish & get rid of my problems or do I have to file a criminal case & civil case against them after the investigation report to complete the process.

See the answer for the first question

3. All deed presented & executed on same date. Deed 1 has 2 buyers, Deed 2 has 4 buyers, Deed 3 has 3 buyers, Deed 4 has 2 buyers, and Deed 5 has 1 common buyer from deed 3. Will lodging 1 single case against all buyers, the attorney & the registrar suffice? Or do i have to register 5 cases for different deeds.( asking again as I got mixed responses in my previous post).

No police case is mmaintainable

4. Are there any other clause I should be aware of?

Instead of wasting more time on such queries you better initiate legal action immediately

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

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