• POA clarification

Sir / Madam, My grandfather given POA on 1989, after that my grandfather died in 1992. Power agent selling a land to other party on 1996 using this POA. we are 5 legal heirs for this property and he has not contacted us,He sold after my grandfather died. Pls advise can we file a case against him since almost 22 years completed since we dont know whether my grandfather sold or given POA earlier, now only we find out he has given only POA not sold.
land : 1.10 acre
Asked 4 years ago in Civil Law

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35 Answers

You can still file a suit for cancellation of sale by the agent as a power of attorney ceases to exist after the death of the executor if it is not made for any consideration.

The delay in filing can be condoned by court for which you'll have to file a separate application along with your suit under Section 5 of the limitation act.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

There is no limitation on power of attorney unless specifically mentioned in it.

Limitation is for filing the suit for cancellation of sale in court.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

On the demise of the father the POA is not valid if the other party had no interest in the property meaning thereby he has not paid in lieu of the POA to the grandfather then the POA is invalid and the sale is invalid..

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The limitation to challenge any deed is three years though you can file a suit along with a con donation of delay application to cancellation of the sale deed on the ground that you were not aware of such transact action.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The period of limitation for a suit to cancel or set aside an instrument or decree or for the rescission of a contract is three years and the time of limitation starts to run when the facts entitling the plaintiff to have the instrument or decree cancelled or set aside or the contract rescinded first become known to him.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

The time period is three years to challenge any deed, you can file suit along an application of condonation of delay under section 5 limitation act that this has came to your knowledge now.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. The POA if not executed coupled with interest ceases to exist with the death of the Principal.

2. in this case the PAO seems to be gratuitous and hence the POA had no force on the date when the land was sold in 1995 as in 1992 when the principal had already died.

3. There is limitation period if it is specifically mentioned in the POA like special power of attorney which extinguishes with the fulfillment of object.

4. You must file such suit for setting aside of the deed within 3 years from the date of knowledge.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hi,

Under POA limite authority is given to person and he can't sell it generally (if not mentioned in POA). However, there is a long gap of 22 years and the court may not entertain the application. In general the limitation of 03 years. In registration case, it is of six months. If you approach court, you must have sufficient reasons for why not moved earlier.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

a power of attorney becomes invalid after the death of donor.

After the death of the principal, the power of attorney deed automatically stands revoked and the agent has no power to continue with that anymore.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1) POA ceases on death of principal unless coupled with consideration

2) file suit to set aside sale deed

3) you have to explain delay in filing suit

4) take the plea that fraud was discovered recently

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

POA ceases on death of principal

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Suit has to be filed within period of 3 years to set aside sale deed

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

You can challenge the power of attorney and get stay for any transaction on the basis of power of attorney in the Civil Court

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

POA expired on the day of the death of your grandfather automatically, you please file a civil suit for the cancellation of the sale deed on the basis of the fraud immediately with an application for condonation of delay as the period has expired.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Powers of attorney do not survive death. After death, the executor of the estate handles all financial and legal matters, according to the provisions of the will or as per the provisions of the succession act

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The POA is invalid after the death of the grandfather

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Limitation generally is 3 year but you may file an application for condonation of delay on the ground that you recently gained the knowledge about the same .

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If the POA is clubbed with interest and irrevocable in nature then the power agent's acts can be justified to some extent, but he cannot take very long time to utilise his POA deed after the death of the principal.

Since you say that it was an ordinary POA deed and not clubbed with any pecuniary interests, then you people can file a suit to recover possession by to declare the sale deed executed by the POA agent as null and void.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

is there any limitation period for POA

As per the information furnished by you, the POA deed stands automatically cancelled ion the date of death of your grandfather, i.e., the principal

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

pls advise what is the time period for filing the suit for cancellation of sale in court under limitation act

It is three years from the date of execution or from the date of knowledge of the execution of the said registered sale deed.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

1 POA comes to an end on demise of grantor

2. however if the POA is granted against valuable consideration then even after demise of grantor, the poa will survive and the grantee can exercise the powers granted to him under that POA

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

There was no necessity to approach the power agent for any type of clarification.

The power of tattooer deed stands automatically cancelled upon the death of the principal.

Hence he cannot claim any rights on the basis of his some fictitious story.

You can proceed legally against him.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Ask agent for details of money paid to your father 

 

2) whether said payment is reflected in grand father bank statement 

 

3) if money paid by cash whether any receipt signed by grand father

 

4) consult a local lawyer 

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Ok obtain copy of A4 sheet 

 

If money was paid to grand father then POA is coupled with consideration and does not cease on his demise 

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

See you can file a suit against such transaction and contest same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can dispute such transaction as no amount or consideration in lieu of PoA is mentioned.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See no amount in POA is mentioned also a plain paper mentioning some amount is there in that can be disputed as no details on same are there so you can file suit.

You should along with all documents meet local lawyer best on documents he shall be in better position to draft file suit and also guide you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

POA is valid even after death of principal as money was paid to your grandfather 

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Dont be bothered about what agent tells.

There is no point in talking to the agent especially when the power of attorney deed stands automatically cancelled upon the death of the principal.

If at all the agent is aggrieved by yo act let him go to court seeking releif where his claim may not be maintainable especially under this circumstance.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

The POA is not with consideration and moreover the agent is not having any documentary proof other than a stamped receipt which is not even having any mention about this POA deed, hence it is up to you to go ahead with the opinion and suggestion whichever suits you or you may decide.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Though the POA Act, 1882 is silent on the consequences of the death of the Principal or the Agent. And the Power of Attorney holder is considered as the agent of the Principal who delegates the Power of Attorney. If the Principal died, the agent lose its right to possess the property until the legal heir puts any objection.
In either ways, the issue is also dealt as per the circumstances of various case to case.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

You are worrying unnecessarily.

The power agent may tell plenty of things just to scare you or keep you under fear.

You just ignore his claim and go ahead with your proposed task in this regard.

Let him go to court, he cannot prove anything about this even though he my be having a stamped receipt .

It is not necessary that your grandfather executed POA on that basis only.

The POA is not clubbed with consideration amount hence it is not valid especially after the death of the principal.

Further it is an unregistered GPA hence there are no chances of enforcing the same through court of law.

 

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

It's 3 years from having knowledge of the said cancellation

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

File police complaint against agent for cheating , criminal breach of trust under section 406,420 of IPC that he has sold property after demise of your grand father 

 

2) also file suit to set aside sale deed executed as POA was not coupled with consideration . Admittedly POA does not mention payment of any consideration 

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Sir if no consideration is coupled with general POA then it is not valid after demise and also POA is not instrument to sale so the matter can be contested in court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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