A. My father took a loan from money lender and couldn't payback promptly. There is no written record for this. B. The money lender forced my father to sign a power of attorney authorizing him to do sale of land. The loan is not mentioned in this document C. Using the power of attorney, the money lender sold the land to his wife without informing my father on September 2005. D. Can we cancel the sale deed citing the latest supreme judgement which nullifies sales of land through POA since the poa is a fake one E. also the property schedule mentioned in the sale deed and poa are not correct
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Your claim is barred by limitation
suit if any ought to have been filed within period of 3 years of execution of sale deed
3) if your father became aware of sake of land now he can file suit within period of 3 years of discovery of fraudulent transaction
After going through the facts of your case the following questions arises for consideration of motion of Law into action , Please clarify the following issues as under:-
A- Sale was effected in September 2005 and you want to take action on fake power of attorney executed 15 years back? Why did you keep quite for the last 15 years.
B- When did you come to know that shedule of property mentioned in sale deed and poa is not correct?
But that judgement is not retrospectively operative. In your case you will not require the help of judgement as you have merits in your case
A. I was of age 15 at 2005. I was staying outside my home because of my studies and my father didnt inform the sale transaction. I came to know about the fraud 3 months back B. My father is not educated and does agriculture whereas the money lenders are high handed and powerful. C. It is my ancestral property bought 3 generations. It is undivided property.
Engage a local lawyer
your father should file suit to set aside sale deed
explain delay in filing suit
You have delayed a lot. Suit for cancellation of sale deed is barred by limitation. Sale through unregistered POA is not permitted.
But you have delayed a lot.
Further sale through POA is not valid if no sale deed executed. Here holder of POA has sell the property is valid.
If POA is not registered than you can file suit against that money lenders and get the land back because title of ownership still laying on your father's name kindly check the mutation records.
Fantastic.
Move Criminal case against money lenders for cheating and forgery.
Challenge the sale,documents before Civil Court and move for suit for the title and mandatory injunction against the lender claiming you were out of town, minor and came to know the facts before 3 to 4 months.
Yes you can't contest the same
- If there is no written record i.e. agreement for loan , then the said lender cannot recover any amount from selling your fathers property or from you legally.
- Further , a POA is only valid to act on behalf of the owner of the property , however if the said POA was not registered then it not having any legal value.
- Further , a POA holder can act on behalf of the principal , but it must be given to blood related , and being the lender and not related by blood , he was not having any right to transfer the property to his wife.
- Hence , you can cancel the sale deed legally after filing a Declaration suit before the court.
- Further , being the ancestral property , your father was not having right to execute and transfer the property .
The property sold through POA deed cannot be said to be invalid.
You may go through the supreme court judgment properly.
The judgment states that the POA is not a title document and it never mentioned that the power of attorney agent cannot sell the property on behalf of his principal.
The property was sold by the power agent b y a registered sale deed in the year 2005, hence the cancellation suit also cannot be filed beyond three years from the date of execution of the said sale deed.
First of all consult a local advocate with the relevant property papers and confirm that if this property was ancestral in nature.
Then you can file a partition suit impleading your father, the power agent and the buyer as defendants seeking your share in the ancestral property.
Please remember that the property belonging to your grandfather or the property partitioned among the shareholders in between before your father's inheritance, shall not fall under the ancestral property category.
File a suit for declaration to the effect that your father is the owner of the land along with suit for possession, permanent & mandatory injunction and consequential relief for cancellation of the power of attorney and sale deed executed in favour of his wife. Hire a local lawyer and obtain stay from creating third party interest over the land by the wife of the money lender. Any delay would cause multiplicity of the litigation. Go ahead. Good luck.
Well. Now this too late.
After 15 years no suit for declaration or cancellation lies as the same is barred by the law of Limitation.
Since your father was the owner of the property and he sold this to the creditor your minority has nothing to do with this dispute.
Therefore now it is too late and you have no locus standi to seek any legal remedy.
Follwo up.
A. You can file 420,406IPC complaint.
B. File complaint.
C. File complaint
The money lender was given a PoA under duress. You should file a criminal complaint against him for selling the property without informing him and making him sign a PoA forcibly.
As it is an ancestral property your father didn't have full control and rights to dispose of the property.
Dear Sir/Madam,
You are suggested to file the suit of declaration of sale deed as invalid in the District Court of your area.
1. You cannot cancel the sales deed because of limitation for filing suit for cancellation of sales deed which start from date of knowledge of executiom of sales deed.
2. Your father can only file suit if sale of property was not known to your father or any other family member.
3. You can file suit to claim your share from ancestral property if that land was undivided from last three generations.
As you say it is an ancestral, undivided property, you may file a suit, as an interested co-parcener, at the proper court for setting aside the sale made by your father to the money-lender.
The period of limitation for a suit seeking a relief of cancellation of sale deed is three years.
We suggest you should consult a local lawyer who can examine facts of the case based on the documents and facts.