• Sale deed execution through invalid POA and 420,406

Respected Sir,My father was having 2 house built and one open plot (Residential semi constructed) of 2400 square feet in his name,After his death (my Mother died previously only) me and my elder brother became the joint owner of all 3 properties by change in name in record of rights in tahasildar office (Father had not made any will during his life time).I was working in pvt company in chennai,but my elder brother was staying in Varanasi only and looking after all mentioned properties and keys of above menioned properties was under his possestion only.My elder brother told me that we should sell all these properties and divide money amongst ourselves equally (Orally) and requeted me to execute a General POA (revocable) in his name to execute sale deed for all 3 properties as I am not living in varanasi,he will sell it ,Believing him I had executed a GPA in his name to sell all 3 properties on 14/02/2009 (Regitered it in sub registrar office Varanasi) and again went back to chennai for my job.After some time I came to know that my elder brother has sold out both houses on 25/03/2010 and 28/03/2010 repectivelly and purchased a big house on 10/04/2010 from sell of that money,when I asked about my share he told me I will give you nothing intially.Shocked with his behavoiur all cancelled the GPA on 31/07/2010 before sub registrar varanasi and warned him not to sell the open plot as mentioned above and told him and shown him (orally) that POA is cancelled now do not ever thing of selling that plot also and again went back to chennai for my work.After some time say 6 month when I came back again and asked about my share regaridng already sold houses he silently given me a cheque of Rs 6 lakh/- in my name and taken a signature of mine of recived in a white paper mentioning detials of both the sold houes.Last year when I came back to varanasi once agian on october 2014 to see my Plot as menioned above I was surprized to see that somebody else is occupied in that plot when i asked him regarding this he told me i had purchased with your brother on 01/08/2010 (Sale deed executed with the help of poa on 01/08/2015 before sub registrar) and shown me my previous GPA also but i clarified him that already it has been cancelled on 31/07/2010 one day before your purchase he told me I do not know you ask with your brother.
Now the situation is I had filled a declraorty suit with my lawyer in civil court varansi for sale deed null and void on 02/04/2015 almost 4 1/2 years of saled deed execution and in Tahail also.Following are the points i want to ask you in this regardd:
1.My lawyer is insisting me to pay a huge court fees to cancel the  sale deed depends upon the value of sale deed but my question is i had not executed it as my brother did this with the help of my invalid POA which I cancelled just one day before sale deed execution so how I am liable to pay court fees?
2.I had cancelled POA on 31/07/2010 (in sub regisrar) and Informed and shown him orally but now in filled declarory Suit civil,my brother's lawyer reply is that a written notice of POA cancelation not given to his client about cancellation hence he has right to execte sale deed,but my question he is my brother how can i give a written notice but I had informed him orally about POA cancellation clearly,will it affect my chance?
3.Also in Declaratory suit his lawyer has mentioned about that cheque of Rs 6 lak which my brother given me for sale of that 2 houses and showing as if given for sale of this land (No Aggrement happened only cheque given on my name) will he susussed in showing to court that this is for sale of this plot?
4.As the declarory suit is filled faor sale deed null and void  on 02/04/2015 almost 4 1/2 years of saled deed execution and matter is came to my knowledge,is there any chance to file a criminal complaint and FIR against my brother under 420,406 ? as he is not willing to compromises nor giving my share,will Police accept my FIR?
5.I am currently still in chennai,my lawyer says if you file a criminal compliant and FIR,you have to come to varanasi and live here only and coperate the police in invetigation if FiR i registed,but my question is I am in chennai for bread and butter of me and my family how it is possible for me to come and sit in Varanasi,jobless till disposal of FIR,any way to escape my personal apperance after FIR or I have to come at any cost?pleae help.
Asked 1 year ago in Criminal Law from Varanasi, Uttar Pradesh
Religion: Hindu
1. It will be cancelled as per Court order for which you won't have to pay,

2. Your brother's lawyer is right. Your ground that he is your brother for which you did not send him written notice about your cancelling the POA executed in is favour and informed him orally only has no ground and logic. It will certainly affect your case,

3. In fact the you should have taken a letter from your brother clarrifying the heads on which the payment of Rs.6 Lakhs is being made. which you shall have to state now,

4. Yes. That is the first thing you should have done against your brother and you can file the FIR now also,

5. You can stay at Chennai and your lawyers can contest/file the case for and on your behalf. You shall have to come personally only when you will give evidence and/or will be cross examined.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1.My lawyer is insisting me to pay a huge court fees to cancel the  sale deed depends upon the value of sale deed but my question is i had not executed it as my brother did this with the help of my invalid POA which I cancelled just one day before sale deed execution so how I am liable to pay court fees?
I think your lawyer may be misguiding you about the court fee aspects hence it is better to take a second opinion about the prevalent court fee as per UP State court fees and suit valuation act in this regard.  But for your information, the court fee is generally 'ad veloram' only because you were not a party to the sale deed hence you need not pay the court fee prescribed for the declaratory suits.   You may change the lawyer if he is not fond trustworthy.

2.I had cancelled POA on 31/07/2010 (in sub regisrar) and Informed and shown him orally but now in filled declarory Suit civil,my brother's lawyer reply is that a written notice of POA cancelation not given to his client about cancellation hence he has right to execte sale deed,but my question he is my brother how can i give a written notice but I had informed him orally about POA cancellation clearly,will it affect my chance?
The opposite lawyer has given a counter statement to your pleadings, this is a routine affair, do not be deterred by such remarks, you concentrate in your case and pleadings alone.


3.Also in Declaratory suit his lawyer has mentioned about that cheque of Rs 6 lak which my brother given me for sale of that 2 houses and showing as if given for sale of this land (No Aggrement happened only cheque given on my name) will he susussed in showing to court that this is for sale of this plot?
His lawyer may make a statement that way, it becomes your duty to defend your stand for the receipt of cheque and the purpose of cheque.  You can prove that on the basis of the sale transactions that took place on the other properties. 


4.As the declarory suit is filled faor sale deed null and void  on 02/04/2015 almost 4 1/2 years of saled deed execution and matter is came to my knowledge,is there any chance to file a criminal complaint and FIR against my brother under 420,406 ? as he is not willing to compromises nor giving my share,will Police accept my FIR?
This action should have been taken before coming to civil court for remedy, at this stage the police may not entertain a criminal complaint stating that the matter is already there in the court so seek remedy there itself.


5.I am currently still in chennai,my lawyer says if you file a criminal compliant and FIR,you have to come to varanasi and live here only and coperate the police in invetigation if FiR i registed,but my question is I am in chennai for bread and butter of me and my family how it is possible for me to come and sit in Varanasi,jobless till disposal of FIR,any way to escape my personal apperance after FIR or I have to come at any cost?pleae help.
Your lawyer is not guiding you properly.  For a complaint with the police, it is not necessary that you should stay put there itself in Varanasi till the disposal of the case.  It is better you change the lawyer
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
1. You alone are liable to pay the court fees as you are going to file the lawsuit for the cancellation of the sale deed.

2. The notice of cancellation had to be given, failing which your brother was at liberty to act upon the POA executed in his favour. Law does not place any embargo on the right of an individual to issue a notice to his blood relatives. 

3. You are to prove in the court that the cheque was issued for the sale of the houses and not the land. Whether he will succeed in the court or not cannot be foretold by anyone.

4. You are at liberty to file a criminal complaint for cheating against your brother even after expiry of 4.5 years. If police does not lodge the case then you may file the case directly in the court. You have to go to Varanasi only for the purpose of your witness testimony. There is no legal mandate to reside at the place where the criminal proceedings are to be initiated. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
3.T Kalaiselvan Sir, my lawyer is saying is first for filling FIR,Punchnama and chargesheets your presence is very necessary because police needs your help in this regard and after filling of chargesheet your presence is not required I will see the matter in court that means for at least 8-9 months i must be present in Varanasi? Is it right.what is your opinion sir?
Your lawyer is misguiding you. It is not necessary for you to stay back for so many days for filing FIR, charge sheet, panchnama etc.   
After registering FIR, the police may require you for one or two days for enquiry and preparing charges against the accused. Therefore there is no need to remain in Varanasi for so many months.  Your lawyer is taking you for a big ride. Be careful about him.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
1. The said fact that you have not informed your brother in writing about withdrawal of you POA is a very important factor in your case,

2. However, it can not be conclusively foretold that for want of the above, you will surely loose the case,

3. In a litigation, the approach should be how to cover up the weak points,

4. So, you should also try to substantiate your claim that you had orally informed him about your wthdrwal of the POA,

5. Search for documents and/or  witnesses to substantiate your above claim.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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