File a suit seeking the sale transaction void since POA was obtained by coercion fraud and threatening. Seek injunction to use the bank money till disposal of the case.
Grandma property sold by my uncle illegally
My grandma own a property in Andhra pradesh and she resides in Telangana. Since she’s bedridden we family members jointed her account to one of my uncle since someone needs access to her money to take care of her. My uncle now sold off one of her property in Andhra Pradesh by taking power of attorney by threatening her and deposited the money in that joint account and he is enjoying the money all by himself. She actually wrote a partition deed to us which unfortunately was not registered. We also have video of my grandma stating she wishes to distribute property equally to everyone. Infact he is illegally enjoying all the money of her from that account since he has no job and does no work. When asked he’s saying we have no legal right in the money. What can we do now. Are we pretty much helpless?
Asked 4 years ago in Property Law
Religion: Hindu
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11 Answers
In the joint account he may do whatever he feels like especially utilising your grandmother's I'll health condition.
Even now your grandmother can arrange for settlement of her property among her children equally or as per her desire.
If you sit idle over this anymore except for feeling disappointed or cheated, you cannot do anything on this.
You may have to get into action by helping your grandmother to cancel the joint account immediately and also to arrange for a registered settlement deed to the family members as per her desire.
File suit to set aside fraudulent sale deed executed by uncle on grounds of coercion
2) take plea that grandmother is bedridden and uncle forcibly sold property on basis of POA executed under coercion
3) grand mother can revoke POA and issue public notice about revocation of POA
File a suit for cancellation of sale deed executed by your uncle. Also file an interim petition for seeking restrained order that your uncle's operations of your grand mothers bank account . Your grand mother can execute registered settlement deed in between her legal heirs as per her wish or write a will in that aspects.
If the Power of Attorney is registered, it can be revoked by a registered Deed of Revocation. Once the POA is revoked, any sale executed by using the said POA obtained by fraud, coercion, and undue influence can also be invalidated by filing suit before the court.
Your grandmother can then proceed with a settlement deed duly registered in favor of the family person as per her will.
If she is the first owner of the bank account, she can remove the second owner or change the mode of operation of the bank account through the bank in concern. Till the time she is present to assist in all of the above, the matter will be favorable to you and the other family members.
File a suit for declaration that this deed of conveyance is null and void and seek recovery of possession.
Get his name removed from her joint account and revoke the POA .
Lodge complaint with local police station as well.
1. Your grandma shall have to lodge a police complaint against your uncle for getting her executing a POA in his favour under coercion. She should also file a declaratory suit praying for a declaration the her said POA was illegally obtained by your Uncle and the amount kept in that joint account pertains to her solely.
2.She shall also have to file an application praying for an order restraining your Uncle to operate that joint account which contains her money only.
3. Thereafter your grandmother shall have to inform the Bank not to allow your Uncle to operate the said Bank account as per the Court order, a copy of which shall have to be sent to the Bank.
Dear Sir/Madam,
It is suggested that you file the police complaint against that uncle for forcibly taking and enjoying the property of grandma but your grandma must support the claim. She may also take the route of Senior Citizen Maintenance Act for getting back that property.
Dear Sir,
You may get file a suit then it will be reached compromise stage.
- You should lodge a compliant before the police and higher official on behalf of your grandma for the offence of cheating , threatening and breach of trust of that uncle .
- Further , submit the same before the bank to stop further payment to him without the approval of her .
- Further , file a suit to declare the said sale deed null and void , and to give the possession back to her .
- Since, there is already Partition deed even unregistered , then you can also take legal action as well against that uncle.
Your uncle had the legal competence to sell the property if your grandmother had executed a registered GPA in his favour to authorise him to sell the property for and on his behalf, but unless there is a clause to the contrary in GPA your uncle is bound to deliver to your grandmother the sale proceeds of the property. Your grandmother can file a suit for mandatory injunction to direct your uncle to deliver the sale proceeds to her.
