Land sold utilizing false "power of attorney" of uncles
D.Karmakar
(Querist) 07 September 2016
This query is : Resolved
Message :
Sir, My fathers are three brothers my father is 2nd one and younger one both live in JAMSHEDPUR (jharkhand) where as elder brother is dead his only son(50 YRS) is alive and stays in MURSHIDABAD(WEST BENGAL) They had 30 BIGHAS of LAND in the name of my GRAND FATHER in MURSHIDABAD (WB) Now, The son (nephew of my father) of elder brother sold 60 % of land without informing other two UNCLES, by Utilising FALSE "POWER OF ATTORNEY" of his uncles's. Now, what steps should my father take? If file a case how long it will take time for Ultimate judgement? and what will be OUTCOME of case(approx) And most important can my father file case in MIDNAPUR COURT(WB)as he is Old enough it will be problem for him to attend murshidabad court frequently. PLEASE advice me as early as possible Thanks
P. Venu
(Expert) 07 September 2016
Your father can move a civil as well as criminal action. It is impossible to suggest anything definite as to other aspects.
Kumar Doab
(Expert) 07 September 2016
The aggrieved complainant can provide POA to anyone of his/her choice and a lawyer can represent.
Rajendra K Goyal
(Expert) 07 September 2016
Your father can file case for partition and set aside the sale deed.
Criminal case can also be lodged.
Raj Kumar Makkad
(Expert) 08 September 2016
Immediately your father and your surviving uncle both should file a police complaint not only against your cousin but also against the buyers and identifiers and thereafter should file a civil suit seeking setting aside the sale-deed with further prayer to make partition and possession of the entire properties left by your grand-father.
Raj Kumar Makkad
(Expert) 08 September 2016
Your father need to file the suit wherein the property is situated. He need not to attend the hearing on each and every date rather he can appoint his lawyer there and either of you can attend the case.
Dr J C Vashista
(Expert) 10 September 2016
I agree with experts, engage a local prudent lawyer to file a suit for cancellation of sale deed with consequential injunction(s), besides lodging a complaint for cheating and defrauding.
Kumar Doab
(Expert) 10 September 2016
You can benefit from the advise of experts.
