We have 7 siblings, one of my brother produce general power of attorney of all of us(all inherited properties) and uses it , sells four inherited shops. among us. one of our sister dies in 2021 , after that poa holder brother uses power of attorney and sells 4 property . 1) so is it valid after one principle dies? 2) nottery and my brother has made poa without our knowledge , usually we gives him signatures. and may be possible that signature is forged so what can we do now? 3) we dint give any power of attorney to any one. my father and grand father has 100 rental shops , so in it regard my brother produce general poa without our knowledge latif memon ahmedabd
Dear Client,
1. when one principle dies the property transfer to legal heirs.
2. If the signature are forged, you can file a civil or criminal suit for document annulment or money reimbursement from the accused.
3.In case your brother sold your father property without your consent you can file a civil suit for recovering the same as all legal heir are equally owner of father's property.
Thank You.
Is it registered POA
2) for sale of property your sibling needs registered POA
3) further on death of your sister he cannot sell sister share in property
4) if signature is forged file police complaint against st brother for cheating ,forgery
5) take legal proceedings to set aside sale of property
1) The PoA is not valid upon the death of the principal. All subsequent transactions after the death of the principal are legally invalid.
2) You have to file a police complaint for misrepresentation and fraud.
1. When one of the principals dies and the POA is not clubbed with consideration, then the deed can be considered as invalid or cancelled automatically.
2. As per provisions of TP Act, one cannot sell the property by an unregistered POA deed.
3. The sale of property without the consent of cosharers can be challenged and get it cancelled by filling a suit for cancellation.
1. If the owner has given poa for his self acquired property then he can use but not after his death. The averment of poa needs to be examined.
2. Yes it will be case of cheating and forgery
3. Yes it is
sir it is notarized general power of attorney not registered. poa is not clubbed with any consideration as donee gets only his inheritance interest among 7 siblings he is not sole owner. sir if it is not valid then how come 4 sale deed executed in registrar office? kindly guide me legal way and strength of my case , it will be civil issue or crime?, can we get our property back or make stay on it. if it is criminal case its bailable offence or non bailable offence under which IPCs?
File a declaration suit making party to the registrar, the Advocate who identified the concerns and the notary as well, praying to declare the sale as null and void.
Also you may initiate criminal action against your brother and other abettors (if any).
1) you have to file suit to set aside sale deed as he was not absolute owner of property
2) you can also file criminal case of cheating ,against seller under section 420 of Ipc
You have to challenge the sale made on the basis of the GPA in the jurisdictional court. If forgery can be established by proper evidence, you may file a criminal complaint.
1. if the principal or grantor of the POA dies, the POA comes to an end automatically and cannot be used anymore by the grantee/holder
2. firstly send a legal notice to your brother not to act on the POA which he claims is given to him by his siblings. secondly issue a public notice in local newspapers alerting the public at large not to deal with your brother on the strength of that POA and if anybody deals with him despite such notice, then he will be doing so at his own risks and will face legal trouble
3.if the POA was not granted by you and other siblings then you will have to file a suit for a declaration that the POA is illegal and void and also seek a cancellation of all the registered agreements executed by your brother using such POA. The buyers will have to be made parties in such suit.
4. as you have already the knowledge that your brother is misusing the POA and selling away inherited properties, the cause of action has arisen for you to file a suit and time is ticking against you. so you will have to immediately file a suit and get a stay order against your brother
5. you can also file a police complaint against your brother for misuse of POA and illegally selling away the properties. you need not mention any IPC sections in your complaint. you only have state the facts of the case. based on those facts the police will apply the relevant sections of IPC and take action
Once a principal is reported to have died then the POA executed even jointly by all the principals, stands automatically cancelled especially if the POA deed is not clubbed with interest.
If at all other principals want to continue with this power agent then they may have to execute a fresh deed in favor of the power agent.
If the earlier sale deeds were executed, you may go through the relevant sale deeds that who executed the sale deed, i.e., whether the power agent or by the principals.
Section 17 of the Act describes the document which compulsory to register. Those are as follows: Instrument of Gift of immovable property; Non-testamentary instruments which are purporting to creation, assignment, declaration, extinguishing of any interest in any immovable property Lease of immovable property for a period exceeding one year or rent is paid yearly;Contracts for transfer of immovable property for a consideration as per Section 53A of Transfer of Property Act, 1882 which is executed on or after the commencement of this act.
If you are one of the principals, you may issue a legal notice to the agent stating that since the power deed is revoked upon death of one of the principals, he is no more a power agent and he cannot carry out the tasks assigned to him through the POA deed anymore and he should not indulge in any such activity which are detrimental to the interests of the property owner failing which he can be prosecuted under the provisions of crimninal law for the offences of cheating, land grabbing, and other fraudulent activities.
After that you can proceed with the further actions as per law.
Dear client,
GPA in case of blood relatives need not to be registered it can be valid if notarised. And in case where the transaction is of sale/purchase it cannot be done through General power of Attorney the sale needs to be done through proper deed registered. Forged signature can be criminal case or civil case depend on will of person whose signature is forged. The case of property is civil issue. First apply for stay and then take case forward for getting back possession.
Thank You.
It's a criminal case and non bailable offence . You can take both the remedies civil and criminal. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
1. After the death of one principal the said GPA is not valid
- Further, an unregistered or notarized GPA holder has no authority to sell the property , and hence the said sell of 4 shops is invalid.
2. You can send a legal notice to him that the said GPA having no legal value as the signature was taken without giving proper knowledge and thereby it cancelled.
3. You can file a declaration suit before the court for declaring the sale deed of four shops as null and viod on the ground of transaction through an invalid and unregistered GPA.
