• Property sold through illegal POA

My maternal uncle sold my maternal ancestral property through illegal power of attorney about 8 years back. My grandfather had given him this POA when he was alive. There was no time line mentioned in POA. Then my uncle sold the property through this POA after the death of my grandfather. According to me he should have done the mutation of property in my grandmother's name and then through a POA from my grandmother should have sold this property. Can the transaction be cancelled now? Third party interest is now created on this property. What legal action can be taken against my maternal uncle? Property is a plot in a village of Goa state.
Asked 11 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) on death of your grandfather POA ceases 

2) you have to move court to set aside sale made on basis of POA 

3) enclose grandfather death certificate 

4) explain delay of 8 years in moving court 
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
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As per your question the Power Of Attorney is not valid document if your grandfather died before sale of your property , You have to challenged the sale deed in civil court and file a suit for cancellation of the sale deed , you have to show the death certificate of the grandfather , and shows the legal heir of the grandfather .
You can file cheating case against your maternal uncle 
Mir Mansoor Ali
Advocate, Hyderabad
57 Answers
4 Consultations
Not rated
The POA comes to an end with the death of the principal. So the transfer done by your uncle after death of your grandfather is unlawful.
So your mother can file a suit for partition to claim her share and ask for setting aside the transfer deed made by your uncle.
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
4.9 on 5.0
Hello,
1) The POA ceases its validity with the death of the Principal, in this case your grandfather. Therefore the sale made by your uncle with a POA that was invalid then will invalidate the sale as well as he had no right vested in him at that time to sell.

2) In fact if the grandfather died without leaving a Will behind the legal heirs would be his wife and children. Ideally he had to obtain a POA(registered ) in his favour by all the legal heirs or he could sell only after obtaining NOC from other legal heirs alternately becoming consenting parties to the sale.

3) Since the sale was illegally done your mother can seek her share from the sale proceeds besides bringing about criminal charges against the uncle including cheating.As a first step you can send a legal notice to the uncle demanding the share and if he fails to comply file a suit for getting the sale set aside and partitioning the property equally.  
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hi, When the power of attorney dies along with that person, so when principal dies then power of attorney does not exist so he has no authority to sell the property.

2. You have to file a suit for deceleration, possession and injunction. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
The POA given by your grandfather in favour of your maternal uncle had become null and void at the time when the property was registered in favour of the third party by your maternal uncle.
Your absolutely correct your maternal uncle should have gotten the property mutated into the name of your grand mother and then proceeded to obtain a GPA from her and then only he could have legally sold the property in favour of the third parties.
You can question the validity of this transaction as it is well within 12 years, the limitation for raising a dispute in such transactions.
In order to protect the property from further charge or sale or exploitation it is better to seek an injunction in the suit that would be filed by you against this transaction, you will also have to reclaim possession given in favour of the third party.
since the property is located in a village of Goa State, the case/suit has to be filed within the territorial jurisdiction of a civil court in Goa.
You can file a 420 case against your maternal uncle before the criminal court.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
5.0 on 5.0
POA ceases to have a legal character after the demise of the principal. The sale by your uncle is illegal and can be challenged in the civil court which can declare it as such. A lawsuit to challenge the sale deed executed by your uncle is required to be filed in the court.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
No doubt the property sold by your maternal uncle in the capacity of POA after the death of Principal  is invalid because the POA deed stands automatically revoked/cancelled upon the death of the Principal, but what about the legal heirs who have to object to the execution of this invalid sale deed?
The legal heirs of your grandfather which may include your grandmother, your mother and other siblings of your maternal uncle are the right people who can object and file a suit for cancellation of the said invalid sale deed along with an application for partitioning the property seeking separate possession of their respective legitimate share in the intestate properties of your deceased grandfather. 
This act of your uncle is invalid and can be considered as an illegal act because he has done it   intentionally to deprive the rights of other legal heirs/co-sharers of the intestate property. 
If your mother is alive a partition suit can be filed by her seeking partition and separate possession of her legitimate share out of her deceased father's intestate properties  even though it has been alienated to a third party, it is not binding on her, let them get impleaded as a party to the suit and claim their property by defending the purchase which may be vitiated under the given circumstances. 
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
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1. I do not agree with your argument "According to me he should have done the mutation of property in my grandmother's name and then through a POA from my grandmother should have sold this property",

2. However, the said sale is completely illegal and hence invalid for some other reason,

3. Your uncle has sold the property based on the POA executed by your grandfather after his death,

4. After the demise of your grandfather, the POA executed by hin in favour of your Uncle became invalid,

5. So, the sale deed executed and registered with the help of an invalid POA is also treated as invalid,

6. File a declaratory suit praying for a declaration that the said POA and the subsequent sale deed is illegal and invalid and also pray for a direction up on the Registrar to cancel the registration of the said sale deed.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
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