Misuse of power of attorney

Querist : Anonymous (Querist) 18 January 2012 This query is : Resolved
my friend gave a special POA to his friend for selling his property for that he gave two cheques for consideration amount . later on he get back the two cheques and cheated him. his friend never gave any money to him and misused the POA and sell the property to another person. now my friend lost his property without any consideration how can he regain his property or his consideration.

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Devajyoti Barman (Expert) 18 January 2012
This is not so easy.
If the agent has exercised in terms of the agency then the purchaser is the bona fide purchaser without notice.

So the principal can not get back the property though he can indeed file suit for damages and criminal case for cheating and criminal breach of trust.

Do clarify why did your friend give him cheque?

Advocate. Arunagiri (Expert) 18 January 2012
Your friend has to prosecute the POA, for recovery of money.

Whether the cheque for consideration amount was mentioned in the POA document.

Raj Kumar Makkad (Expert) 18 January 2012
So far as status of purchaser is concerned, he cannot be abused and thus the sale/transfer cannot be permitted to be disturbed but you can definitely initiate legal proceeding against your POA like filing criminal case under section 420 IPC, recovery of money etc.

Deepak Nair (Expert) 19 January 2012
Well advised by experts.
You con initiate criminal actions against the Attorney under sec.420 of IPC.

Querist : Anonymous (Querist) 19 January 2012
thanx seniors.. its very usefull

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