Cancel the sale deed and forgery poa
JEGADEESAN
(Querist) 05 March 2025
This query is : Resolved
Sir
I would like to clarify some doubts regarding Cancellation of Sale Deed which has been Registered based on Forgery POA.
i.e. My Friend's Father namely Sudalai bought some properties through his self earning in 1985 and out of which some properties have been sold by a Land Broker by forgery POA executed by him - (Chidambaram)
Chidambaram(Land Broker) prepared 2 forgery POA in favour of him, like it has been executed by Sudalai in 1996 ( out of the two one prepared with Sudalai Sign ( Chidambaram has referred Sudalai sign from his previous deed and put like that) another one with some one LTI)
Thereafter Chidambaram sold the property in 1996 to some others, based on that forgery POA.
Now Sudalai also no more and leaving behind him 2 sons and 4 daughters and his legal heirs want to cancel the sale deed.Hence you are requested to kindly guide.
I have actual Signature and LTI of Sudalai (Since he has bought some property & sold a property in 1987 with his original sign and LTI )
So I have an option to compare the sign & LTI available in proper document & forgery document .
By the mean time ,I hope that civil court only have the jurisdiction to do so .
Hence you are requested to kindly guide me whether should I file case to cancel the sale deed or POA ?
If I cancel the POA or prove the POA is invalid one, then automatically the subsequent document what has been executed based on POA will become null & Void? or Should I file separate case to cancel the sale deed?
Whether any one of the legal heirs can file the case or all should sign in the petition ?
T. Kalaiselvan, Advocate
(Expert) 06 March 2025
The property is reported to have been sold in the year 1996, i.e., almost three decades ago.
In fact your father was alive and was aware of this but didn't take any action which means that your father knew it to be genuine hence he didn't take any action to cancel the registered sale deed executed by a fraud forging the signature.
The case is very badly barred by limitation hence you may perhaps don't have any case, if you still want to pursue the matter you may consult a local lawyer with relevant papers.
Sudhir Kumar, Advocate
(Expert) 06 March 2025
Fully agreed with Mr Kalaiselvan.
If someone has sold property or executed PAO the the law cannot allow his successors to wake after his death and declare sale / PAO fraudulent.
