• Can Someone sell my property without my knowledge

In 2010 before leaving India I gave a registered POA to a good friend in trust. I have come back to India now Is there a way to cancel the POA but the issue is the bank also does not have a copy of this POA. The friend is totally out of reach. Is there a way to track document as well as find out if the property is not sold? If by any chance it is sold what are the legal options
Asked 1 year ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
1) take search in sub registrar office and find out if there are any recent transactions on the property 

2) if on basis of POA property is sold byyour friend  sale deed woukd be binding upon  you 

3) you can revoke POA by issue notice to holder of POA regarding revocation of POA . Find his whereabouts from his family members 

4) deed of cancellation of POA has to  be registered 
Ajay Sethi
Advocate, Mumbai
45415 Answers
2667 Consultations

5.0 on 5.0

It is not clear from your query as to what is the extent and nature of powers conferred through GPA. Be that as it may, you can cancel the GPA through a deed of revocation of GPA and then make newspaper publication to this effect. To ascertain if the property is sold or not you should carry out a title search in the office of the sub-registrar. If the property has been sold then a suit for cancellation of the sale deed will have to be filed against the buyer and GPA holder,.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Apply and take out the latest Encumbrance Certificate from the jurisdictional sub-registrar office where the property is situated, if it reveals that the property for which you had given a POA in favour of your friend has been sold, the date on which it was sold for what consideration and in whose favour will be stated, if it is not then the POA has not been misutilized by your friend. 
None the less before initiating any further steps as above, you can proceed to revoke the POA by executing a Revocation Deed and getting the document duly registered at the sub-registrar's office, after revocation is duly registered, take out a PUBLIC NOTICE in two leading newspapers advertising to the common public at large, that the POA Dt; so and so, has been revoked or cancelled by you and henceforth any person/s entering into any kind of agreement or conveyance deed or in particular any document affecting the schedule property in any manner whatsoever, they will be doing so at their own risk and you will not be liable in any manner whatsoever and the same is not binding on you either.
this process would be sufficient
Kiran N. Murthy
Advocate, Bangalore
995 Answers
89 Consultations

5.0 on 5.0

1. Yes you can revoke the POA by issuing a Revocation of POA and cancel the old one .
2. get a revocation drafted through a lawyer and send it by a notice intimation to the person also ask him to return the POA original if he has and the related documents.
3. The revocation of POA will be effective from the date of intimation, so you can intimate the concerned people and places where your POA has been representing you 
4. To know about the status of the property , do a search in the Village office / the registrar office where the property is or the registration took place previously.For this you should apply for a search report by paying prescribed fee . You can entrust with a person ,title search clerk or an advocate from the area who is doing the work 
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
134 Consultations

5.0 on 5.0

If the POA as registered you can get a certified copy of the registered document.

If you want to cancel the PA then you can issue legal notice intimating that the power of attorney given to so and so is revoked with immediate forthwith after which you may inform the registrar office in writing about this cancellation by enclosing the copy of the legal notice issued to the power agent. 

For knowing the status of the property you may obtain extract of EC and verify from it.

You cannot do anything if he has sold the property using the power of attorney deed. 
T Kalaiselvan
Advocate, Vellore
35575 Answers
385 Consultations

5.0 on 5.0

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