If he have special power of attorney with selling right then you are liable for his actions as if it were done by ypu only and you can only ask for your share in consideration amount.

But if he have general power of attornet which do not permit sale then you can file suit for fraud, cheating, cancellation of sale deed, etc. And can also claim compensation for the mental agony and mometary loss you suffered.

Hi,

You may file a case for cancellation to that registered deed.

1. There is no harm in selling the joint property if the part sold is not beyond the share of the co sharer who sold the property.

2. Now if it is more than his share or it is prime part of the joint property then you can file a suit for declaration tos et aside the sale deed.

3. In the meantime do file the partition suit to claim the share belonging to your father.

Firstly, the sale is in fact considered to be the no sale.

Secondly, but, if the possession has been handed over to the third party then they may not have to lose the same land in dispute.

Thirdly, as its been the anscestral property no one including the Kerta of house, can’t eliniete it unless there is some grave emergency in the house ( there are three types of emergency, first is marriage if a female in the house, second is for anyone’s medical treatment, and third one is to giveaway the father’s loan)

Fourhtly, you should file a Civil Suit before the Civil court of law as soon as possible for your share in the purchase amount.

Fifthly, if your uncle is unabake to give the same then his own share will be attached by the court of law either in the form of cash or any property.

ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed.

This is my response to you:

1. File a suit in the relevant civil court;

2. Also file a injunction order against him;

3. Take out the records which show you all are the joint owners of the property;

4. Take steps immediately otherwise the period of limitation is running against you.

If it is done with a power of attorney legally taken then the siblings can ask for money they can send the legal notice asking amount from sell proceeds and can file a recovery suit for the recovery of the amount.

Further if ancestral joint Hindu property then in that case the legal heirs can file a case to set aside the sell deed as there was no valid NOC from them.

Special power of attorney related to particular property ends the moment that property is disposed off.

If the property is not disposed off then you can make cancellation deed of power of attorney in concerned sub registrar office only if the power of attorney is revokable. Irrevocable power of attorney cannot be cancelled. It ends only in three circumstances - 1. By death of principle , 2. By death of power of attorney holder, 3. At the time of dispose off of property

This is in further response to you:

1. The POA should contain the sale clause;

2. Such a POA has to be registered;

3. If not then the POA cannot be used for sale;

4. You can challenge the sale made to third party and get a stay order as well;

5. Also if the POA has sale clause and registered then claim fraud and coercion;

6. Nonetheless until you give a formal NOC, your share of the ancestral property cannot be sold;

7. The NOC is a must;

8. Therefore engage services of a lawyer immediately;

9. You can also file a criminal complaint to police station against your uncle under 406 and 420 of IPC (for criminal breach of trust as well cheating).

Is the POA registered.?

Des POA au5pirise him to sell the property .?

It is necessary to peruse POA to advice

1. The other heirs /co-owners can file a suit for declaration to declare the sale deed executed by him as illegal and seek partition of the land.

2. The buyer has to be made a party as third party rights have been created in his favour. Also seek injunction against the buyer to restrain him from creating further third party rights.

1. Were all the executors of the said POA alive when your uncle had registered the sale deed? If no, then the said sale will be considered as invalid.

2. What are the clauses mentioned in the POA for depositing the sale proceeds after selling the and? Was he not bound to collect the sale proceeds for depositing the same to the bank account of the executors of the POA? if he has not done so, then you can challenge the said sale deed before the Court.

3. To start with, you can lodge a police complaint against your said uncle for cheating you and also file a Money suit claiming the amount received by your uncle by selling your land.

if the poa contained a power to sell then the uncle can sell

check if the poa also contains a power to receive purchase price on behalf of other co-owners

If the uncle has not been authorised to sell the property through the said POA deed, then you may either lodge a police complaint or file a suit for cancellation of the said sale ded and also a suit for partition seeking separate possession of the entitled share in the property.