Sale of property on poa

Querist : Anonymous (Querist) 20 August 2011 This query is : Resolved
My mother had issued a POA to my uncle in 1990. The word General Power Of Attorney are mentioned on the first page. It is a property governed by a partnership firm in which they are partners. Now my uncle in the year 2005, sold the property @ 97 percent less than the stamp duty rate to his own sons. Also in the sale deed he has mentioned he has passed a resolution and is therefore duly authorised to execute the deed. I think he has used the POA to sign on my mothers behalf on resolution without letting us know. Now what are my options. Can I file criminal complaint. Also kindly note that the POA is not registered but attested by government officer " mamledar".

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ajay sethi (Expert) 20 August 2011
does general power of attorney authorise your uncle to sell properties .? unleess specific power given uncle cannot sell property . in addition power of attorney needs to be registered for selling properties .

obtain copy of resolution whch your uncle has mentioned authorising him to execute the deed from the registrar office .
contact a local lawyer

Querist : Anonymous (Querist) 20 August 2011
I have taken copy of the sale deed from registrar office but the resolution is not a part of document there. Its only written below the sellers name " duly authorised to execute this deed vide resolution dated. " . Also in the general POA they have mentioned doing acts on my behalf and finding customers and selling the property also. But my mother was told that its only managing government related work as at that time it was under ULC act. Also my mother does not know english. So she could not understand. She trusted and signed.

G. ARAVINTHAN (Expert) 22 August 2011
Can lodge a complaint before magistrate. But what is the consideration given for the said sale and who received it

Querist : Anonymous (Querist) 22 August 2011
He consideration is way less than stamp duty are also. And the purchasers are his own wife and sons.

girish shringi (Expert) 24 August 2011
Follow Arvinthan advice.
Its a criminal case of cheating.Take action as early as possible to avoid more fraud.

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