• POA did not pay full amount

We sent a power of attorney to a cousin to sell 4 acres of farmland in Punjab. The land was jointly owned by three parties: myself and my brother, the POA and lastly his paternal of cousin. The POA informed me and my brother that the land was valued at 15 Lakh per acre so me and my brother received 7 Lakh each after taxes and fees. Over a year after it emerged that the POA had lied to us and had actually sold the sale for 35 Lakh rupees per acre. The POA stole around 30 Lakh rupees INR. Now the POA and his paternal cousin are both not replying to my messages and both of them are not picking up the phone either. What can we do to recover the 30 Lakh rupees stolen from us?
Asked 2 months ago in Property Law
Religion: Sikh

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10 Answers

File police complaint against cousin for cheating and criminal breach of trust 

 

file suit to recover the balance amount 

Ajay Sethi
Advocate, Mumbai
97514 Answers
7882 Consultations

 

Cheating is 420 of IPC (318 BNS )

 

criminal breach of trust is 406 of IPC (316 BNS )

Ajay Sethi
Advocate, Mumbai
97514 Answers
7882 Consultations

Dear Sir,

Get certified copies such sale transaction and get issue a legal notice and also lodge complaint and bring pressure on him to return the remaining sale consideration.

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
492 Consultations

You may obtain documentary evidences to prove your complaint on the subject matter and then you may approach police with a criminal complaint  for the offences of cheating, breach of trust and fraud.

After that you can filer a civil suit for recovery of balance sale consideration amount.

 

Before that you may also verify the clauses in the POA deed by which the power agent is required to pay you the sale consideration amount which will be useful to you to file the suit.

 

T Kalaiselvan
Advocate, Vellore
87716 Answers
2355 Consultations

You may give a complaint to the police giving the details properly, the police will take care of the sections of criminal law while registering the FIR

T Kalaiselvan
Advocate, Vellore
87716 Answers
2355 Consultations

This amounts to cheating. Lodge a FIR with the Police

Vibhanshu Srivastava
Advocate, Lucknow
9690 Answers
312 Consultations

Their actions amount to cheating, fraud and criminal breach of trust for which a criminal complaint can be preferred against them in the police station having jurisdiction.

Siddharth Jain
Advocate, New Delhi
6386 Answers
102 Consultations

Legal Actions to Recover the Stolen Amount:

  1. File a Police Complaint:

    • File an FIR against the POA under the following sections of the Indian Penal Code (IPC):


      • Section 406 (Criminal Breach of Trust): For misusing the entrusted authority.

      • Section 420 (Cheating and Dishonest Inducement): For deceiving you about the actual sale price.

      • Section 467 & 468 (Forgery): If false documents were created.

      • Section 120B (Criminal Conspiracy): If the POA colluded with his paternal cousin.

  2. Civil Suit for Recovery:

    • File a civil suit for the recovery of ₹30 lakhs with interest and damages.
    • Request an attachment of the POA's assets as a preventive measure during the proceedings.

  3. Legal Notice:

    • Send a legal notice demanding the return of the stolen amount within a specified period before initiating the above actions.

  4. Engage a Lawyer in Punjab:

    • Appoint a competent lawyer familiar with property law in Punjab to expedite the process.

Additional Points:

  • Gather evidence, including sale deed copies, proof of payments, and communication records with the POA.
  • Work through your lawyer to request certified copies of the sale transaction from the revenue department.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
526 Answers
1 Consultation

- If you have proofs that the payment received by him is Rs.35 lakh per acre , the you can recover the amount from him. 

- You can send a legal notice to him before taking any legal action against him 

- Further, if no positive response, then you can file a recover suit before the Court after submitting the proofs.

- Further, you can file also a  complaint against him for the offence of breach of trust and cheating. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

You need to file a suit for recovery of balance amount in civil court 

Prashant Nayak
Advocate, Mumbai
32874 Answers
209 Consultations

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