Hi, i m Dibyendu Das, presently Sub-Registrar of dharmanagar, North Tripura. Recently a group of people put an objection in my office that they have given PoA to a person with sale permission of their land. But the agent had breached cheated them by not giving money to them out of the sale proceed and transferred a portion of their land to his wife and son's name through registered sale deed using the PoA. Can the Principal go to Court and initiate legal proceeding against the agent for breach of Trust or fraud. Can criminal case be filed against the agent of the PoA? Please guide me with appropriate legal provisions. More over, one member from Principal died before the transfer of property in the name of agent's wife & son. Now what legal provisions can be brought against the agent for breach of trust of Principals? Can the land of the Principal be returned to them transacted by the agent using the PoA?
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1) Yes, fraud case can be filed against that agent and you can put stay on that particular land unless and until court gives order to free hold the land.
The case can be filed against that agent.
Applicant will be state of tripura and othe owner of the land v/s agent.
1) principal can sue the agent if he has cheated them
2) criminal case can be filed against agent
3) principal has to file suit to set aside fraudulent sale deed
See in case amount is not paid to the principal the principal can file suit to recover same from the POA. See if the agent has not disclosed the demise and used the POA then in that case suit and criminal case against POA and for cancellation of said suit can be filed.
Principal Can file criminal complaint U/S 406 420 of ipc.
Principal has to file case for cancellation of the said sale-deed or setting aside the sale transaction..
1. The agent can not act which is not in interest of the principal. Since selling the land to his own family members is clear case of breach of trust arising out of conflict of interest.
2. So the sale deed is not binding upon the principal and the principal can set aside by filing a suit for declaration.
3. This can be avoided if the present owner of the land returns the land to the Principal by making a fresh deed of sale.
Yes principal can only do the case if the agent is going against the intention of power of attorney document
First the sale will be void in law. You can file suit for claiming your right to the property declaring the sale null and void and a title in your favour alongwith compensation.
Further for breach of trust you can file FIR for initiating criminal case against the agent.
Yes principal can approach court against the sale done by agent of POA if it is done by fraudulent intentions.
Principal can claim to set aside the sale done by Agent of POA.
Yes principal can also lodge an FIR against agent for fraud criminal breach of trust by agent under section 409 420 IPC.
You are a sub-registrar hence if you have done the registration, you unfortunately do not have the power to cancel the registration even if you come to know that this registration was done fraudulently by the agent or anyone, the remedy is to approach court of law with a suit for cancellation of the said registration.
In this case, if the land owners are aggrieved that they were cheated by the power of attorney agent, then they can very well approach police with a complaint in this regard.
The power of attorney deed shall be cancelled automatically when even one of the principals has died and this POA deed is not coupled with interest or an irrevocable deed.
Sub registrar office has no role in the act nor can be questioned. Owners given the POA and if agent misused it, matter lies between principle and agent.
And principal who died before sale, up to his share , POA expired, hence sale illegal up to his extant only. His legal heirs can file FIR agasint him. And rest owners can also file FIR for cheating otherwise recovery though civil suit.
Sale deed can be cancel by court only.
