Fraud on power of attorney
Ankit
(Querist) 12 March 2020
This query is : Resolved
I gave power of attorney to a person for take care of my land and handle some matters in 2012. Today i came to know that he has made registery of the land in favor of his wife in 2013 in the basis POA.
I haven't given him POA for sale. He did a fraud with me.
What is the limitation of this? It has been 7 years but came to know about this today only, what action should i take and how should i proceed with this?
Thanks in advance.
Raj Kumar Makkad
(Expert) 12 March 2020
As you have come to know about the fraud on today, immediately file FIR against the accused persons and simultaneously file a civil suit seeking setting aside the said sale-deed. Prior to all that immediately cancel the said POA by advertising in the local newspaper.
kavksatyanarayana
(Expert) 12 March 2020
I agreed with advise of expert Mr.Raj kumar makkad ji.
Rajendra K Goyal
(Expert) 13 March 2020
File case for setting aside of the transfer of the property.
Also lodge FIR against the fraud.
krishna mohan
(Expert) 13 March 2020
You have to file a case in the jurisdictional court for quashing the title deed. Better take the help of legal expert on property matters in your area to peruse the POA and the title deed to advise you the right course of action. Police interference can not get you a permanent solution.
Akshay
(Expert) 13 March 2020
Hi
Thank you for your question
There are many types of Power of Attorney -1.Limited purpose,2. General Power of Attorney
If u have registered a limited purpose- In this type you giving limited rights to your agent,but
If you have registered General power of attorney-gives your attorney-in-fact all the powers and rights that you have yourself.
If a person is having GPA he cannot transfer property by way of sale deed on his name but can transfer or registered the sale deed on the third party name , which in your case he has transferred to his wife.
In that scenario yesterday you have come know about it. You must cancelled it by executing a legal document called the revocation of Power of Attorney Deed. As you have said that person cheated you, file a FIR against him.
Hope this will help you
Best regards,
Akshay Gupta
Raj Kumar Makkad
(Expert) 14 March 2020
The author has specifically pleaded in his facts that he had not given rights to sale the said property to the GPA holder so there is no reason to make any suspicion over him on this point.
Akshay
(Expert) 14 March 2020
Thank you, Mr. Makkad for pointing me out , but i want to know whole facts to provide him accurate advice as an 'Expert'.
P. Venu
(Expert) 14 March 2020
There is no limitation in initiating civil or criminal action when fraud or illegality is inherent.
Raj Kumar Makkad
(Expert) 14 March 2020
Mr. Akshye! I am sorry if you have taken my comments in that way. I can never think to out any expert who so ever he may be. I was just reminding only one fact. Otherwise your questions are very genuine and demand due attention of author. I always appreciate your contribution to the querists.
Akshay
(Expert) 15 March 2020
Makkad sir you are my mentor, i have learnt many things from you, dont need to be sorry for anything, am sorry i have mentioned your name above infact your dexterity over a querist issues are very relaxing and encouraged us to write quality. Hope you are doing well.
Thanks
Akshay Gupta
Rajendra K Goyal
(Expert) 15 March 2020
The property was transferred in the name of his wife, no proceeds were remitted to you, you should include his wife in criminal case of fraud and a party in civil case for setting aside of the sale deed. Fraud was committed jointly with full knowledge and intention.
Raj Kumar Makkad
(Expert) 15 March 2020
Mr. Akshye Gupta! I am proud of you. I hope that by way of exchanging legal knowledge, we constantly learn from each other and ultimately its benefit also go to all of us. Kindly keep it up.
T. Kalaiselvan, Advocate
(Expert) 16 March 2020
If the POA deed do not authorise the power agent to sell the proeprty to any person and it has been specifically mentioned that the POA deed ws executed for certain purpose alone, you can very well file a suit to cancel the sale deed executed by him in favor of his wife.
You can very clearly mention that you came to know about this fraudulent sale only recently so that it may not be barred by limitation
You may have to jump into the proposed legal action immediately
