Poa cancellation

certainly a FRAUD activity . cancelling POA is one thing that can be done by A and you need to get a criminal cae filed for the next.

Thank you very much sir. Defenetly i will fill a case against them instead this ther is any possibility can i cancell the POA?

If POA was valid and conferred power to sell on agent then agent's action to sell may be bonafide.

The POA can be cancelled.

I am not a lawyer or a legal expert.....but have some knowledge of POAs.

Here is my opinion and understanding.....If party A has given the right or conferred the right to SELL the property to Party B in the said POA...then Party B has the right to sell the property to anybody of his/her choosing. So the transaction by party B of having sold the property to anyone is valid as per the POA terms....unless there are terms in the POA that state that the Attorney has to take permission from the Principal for selling it to anybody etc etc...But mostly ppl dont enter such terms in the POA...so please check it carefully.

ANd once the sell transaction has been effected by the Party B (and if it is valid as per terms in the POA) , the powers of the POA cease to exist as the property now belongs to a new owner.

And if Party A sold the property to somebody else without first cancelling the POA given to Party B then the fault lies on Party A.....and the sell transaction done by Party A is invalid. And once the Party B has already sold the property there is no use if the PArty A cancels the POA as the cancellation wont apply retrospectively once the powers have already been used. This is just my understanding.

One more thing is.....as far as I remember a 4-5 years back itself SC had given a ruling that selling of property through Power of Attorneys is NOT valid. But even after that I see a lot of transactions taking place via POA. SO Pls do some research on the net also. And better approach a lawyer in you city for the various aspects of this case.

Thank You sir 

Thank You sir 

If POA was valid (as on date of 1st sale by agent) and conferred power to sell on agent then the buyer that bought (1st from agent appointed by valid POA) is bonafide owner.

The POA if cancelled per procedure shall have date/time on it.

The 1st sale deed per procedure ( by agent thru valid POA and having power to sell ) shall have date/time on it.

The later:2nd sale per procedure shall have date/time on it.

This can concludethe bonafide of all actions.

The local counsel of unshakable repute and integrity specializing in revenue matters and well versed with Local Laws/Rules can provide proper legal opinion on examination of all docs on record.

Pls post the SC judgment.

Here is the indiatoday.in link from year 2011 that talks about the SC ruling. This is the one which I said I remembered 4-5 year back....

https://indiatoday.intoday.in/story/property-sale-through-gpa-not-valid/1/154711.html

After going through this again....Per my understanding.... the sales through genuine POA where the attorneys are relatives like wife, son etc seems valid......

But mostly General Power of attorney sales were done to evade paying the stamp duty etc....which are not valid.

So depends on whether B and A are relatives etc in your case. So as I already said....pls consult a good lawyer to find out all the details. This is just to give you an idea.

Well, in my opinion, whatever the case, always better NOT to buy property through POA is my feeling.  :)

"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said................The court said a transfer of property by way of sale could only be by a sale deed. "In the absence of a deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred," the bench said."

https://indiatoday.intoday.in/story/property-sale-through-gpa-not-valid/1/154711.html%20Read%20more%20at:%20https://www.lawyersclubindia.com/forum/details.asp?mod_id=150371&offset=2