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.

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

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.

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.

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.