• Land owner cheated by power of attorney

Hi Sir/Madam,

We have our grandfather agricultural land in our birthplace. As my grandfather was unwell, he gave the General power of attorney to one of the land agent. POA signed by my grandpa and his 2 daughters(My mom is elder one) . Please find the below was done:
1. The POA document registered in the sub - register office in our district.
2. My grandpa and her 2 daughters signed on the "life certificate for the purpose of registration of documents based on power of attorney"
Note: Until now we have not received any amount from POA

Our question,
1. Our POA mentioned there is a problem in the sale of land so they need to appeal a case in the high court, for that they need "life certificate" of my grandpa and his two daughters. Is the life certificate is really required for appeal a case in high court?
2. we asked our POA to provide any approval document that he will not do any sale or any transaction without our knowledge. - but he refused to do that. - let us know is there any other way that we can safe our property from the illegal transaction by our POA.
3. If there any way, our POA can sold our land to other person and completed the registration also without our knowledge and not paying any amount to us? If this happens please let us know how we need to proceed.

Thanks in Advance,
Pradeep
Asked 2 years ago in Civil Law from Salem, Tamil Nadu
Hi
The POA if executed by you all are for sale and execution. The holder of POA can use it for sale and get money and transfer it.
Without seeing the document can't say specifically. 
However there is no need of life certificate.  
What is the appeal is for? 
Where there any existing case filed?
The best to stop any misuse and harm to you all is to REVOKE the POA. 
Any time you can aPOA by issuing DEED of REVOCATION of POA
Why don't you contact an advocate locally and show the copy of POA and do the need full as early as possible
Thresiamma G. Mathew
Advocate, Mumbai
1458 Answers
115 Consultations

5.0 on 5.0

1) if you dont trust the agent dont execute POA 

2) once you have executed POA and it is registered agent can on basis of POA sell the property . 

3) no life certificate is needed for filing appeal to HC 

4) you can execute specific power of attorney only for purpose of filing appeal to HC 
Ajay Sethi
Advocate, Mumbai
32378 Answers
1787 Consultations

5.0 on 5.0

Hello,
1) If your grandfather was the owner of the property it was sufficient for him alone to sign the POA to make it a valid one.

2) The person holding a registered POA can sell or transfer the property in any manner until he continues to be the POA as all his actions will have to ratified by the Principal(your GF) as though he himself has done them.

3) It is not clear what was the Life Certificate that was signed as there is no such certificate that is required  for the transfer of property if a proper POA is in place and in possession of the POA holder.

4) It is important to know if you had drawn up an agreement with the POA separately to dispose of the property and share the proceeds with you.

5) The term Life Certificate is quite ambiguous a term.It must be something different and you need to demand the file to be seen to know what is being presented in the High Court. Do not allow him a free hand though he is a  POA as you need to be consulted as you are available.

6) You are not bound by the POA if he is acting against your interests. If your GF is alive he needs to immediately revoke the POA and make a news paper publication about the same.

7) If your GF has passed away the POA is not valid any longer.Make a new paper publication(by the legal heirs) about his passing away and the POA being ineffective.Do not allow the POA to misuse the power entrusted to him by acting immediately.Consult a local lawyer to take the much needed steps immediately.
S J Mathew
Advocate, Mumbai
2066 Answers
86 Consultations

5.0 on 5.0

1. It is not clear to me which case is needed to be appealed in the HC. If an appeal is to be filed then what was the outcome of the case in the lower court.

2. There is no legal document such as 'life certificate'. It is the first time I have heard this expression.

3. What seems to me is that the POA did not serve the object for which he was made the agent. If he has not distributed the sale proceeds then a case for recovery is to be filed against him. This apart, his criminal prosecution may also be launched for cheating and fraud.

4. The sale made in favour of third party, if not authorized by the POA, can also be challenged.
Ashish Davessar
Advocate, Jaipur
20451 Answers
542 Consultations

5.0 on 5.0

1. Our POA mentioned there is a problem in the sale of land so they need to appeal a case in the high court, for that they need "life certificate" of my grandpa and his two daughters. Is the life certificate is really required for appeal a case in high court?
Yes life certificate of all principles of the power deed are necessary to establish that the POA deed is valid as on the current date because upon the death of a principal the deed will be infructuous and invalid. 


2. we asked our POA to provide any approval document that he will not do any sale or any transaction without our knowledge. - but he refused to do that. - let us know is there any other way that we can safe our property from the illegal transaction by our POA.
If all the principals are alive then they can jointly issue a notice to the agent stating that the POA deed is revoked and they cancel the same hence his such agency is terminated due to  cancellation of the said deed. This way you can protect the property from being alienated without your knowledge. 


3. If there any way, our POA can sold our land to other person and completed the registration also without our knowledge and not paying any amount to us? If this happens please let us know how we need to proceed.
The POA agent cannot take the payment of the sold land, i.e., he cannot retain the consideration amount, he has to hand it over to the principal, if he is not doing so, you may immediately cancel the deed and file a suto for recovery of money from him.



T Kalaiselvan
Advocate, Vellore
22546 Answers
219 Consultations

5.0 on 5.0

1. No. No live certificate is required for filing cases before the High Court,

2. The executors of the POA can can cancel it after which the said land agent will have no authority to deal with any of the properties of your the said executors of the POA,

3. You should file a cheating case against the said POA hlder. In fact the POA itself mentions that the sales proceeds should be deposited in the executors' account. if that is not done you can apply before the Court for cancellation of such sale deeds. 
Krishna Kishore Ganguly
Advocate, Kolkata
14611 Answers
338 Consultations

5.0 on 5.0

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