Cancellation of deed
Querist :
Anonymous
(Querist) 02 September 2011
This query is : Resolved
A sold a property to B by registered deed in 2001.now, both are came to know that deed is fully incorrect.cancellation of deed is only solution.but A is out of india now.can his power of attorney holder sign in cancellation deed instead of him?
ajay sethi
(Expert) 02 September 2011
well mistake has been discovered after 10 years . what were the parties doing for 10 years i wonder . how can you say it is fully incorrect i wonder.
after peruisng the power of attorney given only it can be said whether he can sign the cancellation deed .
prabhakar singh
(Expert) 02 September 2011
i will go with Expert : ajay sethi,much of the facts required,how POA is being arranged,its validity ,registration power etc.Otherwise when both are agree ,no problem,after paying full duty it can be cancelled by a registered deed restoring parties back to there original position.And that way Mr.shah is right.
Advocate Bhartesh goyal
(Expert) 02 September 2011
It is true that suit for cancellation of sale deed can be filed through Power Of Attorney holder but how the suit is maintainable?After execution of questioned document long period has been passed but no any action has been taken so far, I doubt in your success.
prabhakar singh
(Expert) 02 September 2011
Expert : Advocate Bhartesh goyal !
They want to do amicably which is possible.
But one party is out of India,aPOA can act but that too require registration,the act is possible and hurdles can be washed out,but facts are desired.Even suit can be framed saving limitation,all depends on plan in uncontested matters.
Guest
(Expert) 02 September 2011
yes get the S.P.A or G.P.A AND THROUGH THE AGENT YOU CAN CANCEL THE SAME.
Devajyoti Barman
(Expert) 02 September 2011
It is better to execute a deed of declaration than canceling the whole deed. The POA holder can do the same unless the agency in the meantime has been terminated by the principal.
Raj Kumar Makkad
(Expert) 02 September 2011
The suggestion of Barman is accurate. collusive suit is best remedy.
