Poa

Querist : Anonymous (Querist) 20 March 2018 This query is : Resolved
One unregistered POA was challenged on the ground that the same was taken by fraud and corcion by taking disadvantage of executor's old age. The executor gave public notice for cancelation of the same in daily newzpaper. and filed a suit. The question is how the said POA can be prove to be executed by fruad and corcion.

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Guest (Expert) 20 March 2018
Very strange question. Has the POA been challenged with dishonest move. When challenged on the ground of fraud and coercion, why do not you know how the fraud was committed and how coercion made. It is the executor, who has to prove and tell you how that happened, when none of the experts here have been apprised of any background why and for what purpose the POA was executed.

Vijay Raj Mahajan (Expert) 20 March 2018
If the Power of Attorney cancelled by the executor there is no need to prove its validity anywhere. The executor can always make statement with the authority about cancellation of POA. The POA was no registered hence it cannot be used for transfer of immovable property by the attorney in whose favour it was made, so no worries on this account.

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Guest (Expert) 20 March 2018
The Property Registered and Transferred thro Un Registered Power of Attorney holder is Legal and Valid. Refer the Supreme Court Judgement in the Case of Abdul Khader VS Ram Reddy and others AIR 1979 SC 53

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Guest (Expert) 20 March 2018
If any Transaction had happened after the Cancellation and Public Notice it would not be Legally Valid.Any Transaction prior to that would be Legally Valid.

Guest (Expert) 20 March 2018
It would be the problem of the executor to prove the POA is not signed by him and the confirmations of the Witnesses who had signed the POA would be legally important.

Kumar Doab (Expert) 20 March 2018
The principle has already made specific averments and published these as grounds....

He/she must have applied his/her mind before acting or used the advise of his/her Lawyer..........
If the advise on grounds is rendered by Lawyer then without any hesitation ask the Lawyer to establish....

Kumar Doab (Expert) 20 March 2018
IT is upto court of law to hold the transaction valid or null and void per facts of the matter..............to the satisfaction of court of Law....

Kumar Doab (Expert) 20 March 2018
The transaction is after or before said publication.....?

Kumar Doab (Expert) 20 March 2018
The principle has seemingly not denied the signature but preferred grounds of coercion, fraud, and old age ...........

Old age is matter of documents...
Coercion and fraud is t be established if IT has happened on record or as per wisdom of Lawyer....

J.D.S Sareen (Expert) 21 March 2018
Querist:

Your question as to how a Power of Attorney can be proved to be executed by fraud and coercion will depend upon the evidence to be adduced in court after the same is recorded in the court. The court will look into the facts and circumstances of the case including the facts as to what was the necessity of the Principal (who executed the POA) to execute a POA including his age, place of residence and the other reasons as to what compelled him to execute a POA in favour of Agent( in whose favour the same was executed).The relations of the two persons and if the same was regarding sale of property, whether any consideration amount has been transferred in favour of the executor of the POA/relatives/friends. There can be various suspicious circumstances, which can be brought to the notice of the court to enable the court of reach to the conclusion that the POA was an act of fraud and coercion. The suspicious circumstances will depend upon case to case and facts of each case.

Mr. Raj Kumar thanks for updating on judgment with citation which will be quite helpful

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