I did sale deed by irrevocable power of attorney in 2010
I did registered sale deed by irrevocable power of attorny in 2010
now in 2016, it is possible to cancel sale deed or powr of attorny?
Asked in Civil Law from AHMEDABAD, Gujarat
1) once you have executed POA in favour of the agent and he has executed sale deedin favour of purchaser title in property passes on to the buyer
2) you cannot now cancel the sale deed or POA as you are no longer owner of the property
Sale deed could not be canceled now. After the execution of the sale deed the right over the property is transferred and the power of attorney has no value after the execution of the document.
The sale deed cannot be cancelled by the seller after he has executed it. It can be cancelled by the court only on the ground that it was made under coercion, undue influence, fraud or that the consideration promised to be paid has not been paid.
If a sale deed was already executed and registered long ago, it is barred by limitation to seek its cancellation even through court of law, as the execution of registered sale deed is more than three years as on this date.
The power of attorney can be cancelled even if it is irrevocable provided satisfies certain conditions.
1. It is possible only if both the parties register a cancellation deed for cancelling the said registered sale deed,
2. You alone can not cancel the said registered sale deed.
As per your question you have to file civil suit in civil court challenging the sale deed and want to canceled the same as it was executed under undue influence , threat , fraud sale proceed not received , you have to submit genuine reason for cancelling the sale deed
its depend on the facts and circumstances
Advocate, New Delhi