• Filing of Civil/Criminal Case after attorney death

In 2012 My younger brother purchased the property from the friend of my elder brother in Shiv Vihar Delhi via Power of Attorney.
My younger brother died in 2021 due to Covid. 
I apprehend that My elder brother has grabbed the property by executing fresh POA in his name or is trying to grab in convince with his friend.

We tried hard to retrieve the other documents and status of property from the department but failed to retrieved as the property was/is Non- registrable. We only have POA with with us.

Question - What Civil/Criminal action can i pursue against my elder brother for this property. What type of cases can i file?
Asked 11 months ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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12 Answers

Purchase of property by POA does not confer clear and marketable title to property 

 

2) registered sale deed is must to confer clear and marketable title to property 

 

3) POA ceases on death of agent unless it is coupled with consideration 

 

4) kindly clarify how was payment made by your brother to the principal 

 

5) also whether POA was registered or not 

Ajay Sethi
Advocate, Mumbai
95502 Answers
7653 Consultations

5.0 on 5.0

You can file a criminal case of cheating and forgery if you feel that there is any such offence made out. But you will require to produce evidence in court. Secondly you can also file civil suit for seeking compensation 

Prashant Nayak
Advocate, Mumbai
32243 Answers
187 Consultations

4.1 on 5.0

No sale through power of attorney is valid in law. If there is sale agreement with receipt and acknowledgement then right can be asserted in court being legal heirs. 

Siddharth Srivastava
Advocate, Delhi
1281 Answers

5.0 on 5.0

Well, sorry to hear about your younger brother, here are remedies available for you:

1. Civil Action: You can file a civil suit in court for the recovery of property. This could involve filing a suit for declaration and possession, which is a legal remedy used to declare the rights of a party over a particular property. You could also consider filing a suit for partition if the property is jointly owned.

2. Criminal Action: If you believe that your elder brother has fraudulently grabbed the property, you could consider filing a criminal complaint. This could involve lodging a complaint under Section 420 (Cheating and dishonestly inducing delivery of property) or Section 406 (Punishment for criminal breach of trust) of the Indian Penal Code.

3. Power of Attorney (PoA) Issue: If your elder brother has executed a fresh PoA in his name without proper authorization, this could potentially be challenged in court. The Supreme Court of India has held that a person given power of attorney over a property cannot sell the asset unless there is a specific provision giving him the power.

4. Non-Registrable Property: If the property is non-registrable, it might be more challenging to retrieve documents and determine the status of the property. However, registered documents of the property are accounted for getting favor during property disputes in court.

 

Sukumar Jadhav
Advocate, Mumbai
33 Answers

Not rated

The legal heirs of your deceased brother have to take steps to transfer the revenue records to their names on the basis of the title document lying on the name of the deceased brother.

T Kalaiselvan
Advocate, Vellore
85705 Answers
2265 Consultations

5.0 on 5.0

POA registered with possession ?

Yogendra Singh Rajawat
Advocate, Jaipur
22780 Answers
31 Consultations

4.4 on 5.0

for any sale of property you need registered POA 

 

2) Issue legal notice to seller to furnish copy of agreement entered into with your brother 

 

3) if you dont have any registered agreement difficult for you to sue the seller if he refuses to hand over copy of agreement 

 

4)best option is to go and meet seller personally request him to hand over documents in his possession 

Ajay Sethi
Advocate, Mumbai
95502 Answers
7653 Consultations

5.0 on 5.0

On death of either party of POA, the POA stand cancelled and terminated automatically. POA does not create nor confer any ownership right. Sale through POA is not valid. 

Siddharth Srivastava
Advocate, Delhi
1281 Answers

5.0 on 5.0

You can first send legal notice and then file criminal complaint or FIR with police 

Prashant Nayak
Advocate, Mumbai
32243 Answers
187 Consultations

4.1 on 5.0

The property purchased as a power of attorney agent is not legally valid.  You cannot get the copies of unregistered documents. 

The property purchasedas a power of attorney agent or by an unregistered document cannot be termed as a valid sale even if you documents to prove that. 

Besides on the basis of some documents considering it as a receipt of the payment made in the year 2012 by your brother cannot be claimed by you and also it is very badly barred by limitation. 

1. No legal notice can be issued nor it will be maintainable. 

2. The police will not entertain any complaint without any documentary evidence,  moreover it was your brother who is reported to have paid this amount. 

You are not a direct or class I legal heir, hence your complaint will not be entertained by police. 

3. You may discuss with an advocate in the local look for any possibility. 

T Kalaiselvan
Advocate, Vellore
85705 Answers
2265 Consultations

5.0 on 5.0

Dear Client,

  1. Filing a Civil Suit:

If you believe that your elder brother has executed a fresh Power of Attorney (POA) and attempted to grab the property, you might consider filing a civil suit. Civil suits can be used to resolve property disputes and seek remedies such as cancellation of the POA, declaration of your rights, and recovery of possession.

 

  1. Filing a Criminal Complaint:

 

If you suspect that your elder brother or his friend engaged in fraudulent activities related to the property, you might consider filing a criminal complaint. Fraudulent activities could potentially involve forgery, cheating, or other criminal offenses.

Preserve Evidence:

It's crucial to preserve any relevant evidence, including the existing Power of Attorney, any communication related to the property, and any documents that could support your claims.

Anik Miu
Advocate, Bangalore
9407 Answers
112 Consultations

4.9 on 5.0

1. Since, the documents are unregistered , then you cannot get the same from any sources , and only a registered documents can be obtained from the office of sub-registrar 

2. If the said property is in the use and occupation of his legal heirs , then the said elder brother cannot become the owner after forging the documents.

- You can publish a notice in the news paper after mentioning that your younger brother is the legal owner of the property as it was purchased in 2012 , and none having right to claim owner ship of the same on any ground. 

- Further, only on the apprehension that your elder brother has prepared false documents , you cannot lodge a complaint against him , and police will not take any legal action against him. 

- Further, even your elder brother has prepared the fake document , then also he cannot claim ownership after the death of your brother . 

Mohammed Shahzad
Advocate, Delhi
13720 Answers
207 Consultations

5.0 on 5.0

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