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Validity of transfers done during the period of unregistered POA


17-Sep-2023 (In Property Law)
We have given power of attorney to a person. We got that POA cancelled at a later date. That person has filed a case that he has already sold that land. He made a back dated agreement to sale. How can we defend our case. Power of attorney is not registered
Answers (4)

Answer #1
962 votes
All facts and documents including copy of the case filed by him are required to be examined to suggest you defence. You may contact me through this website for the purposes and or legal help if you so desire.

Answer #2
882 votes
As its unclear as to who is in possession it is assumed that you are in possession of the suit property. The plaintiff then will have to inter alia prove that consideration was paid to you. Further, he also has to prove that the ATS is genuine. On the other hand you have to lead evidence to defeat the case of the plaintiff
Answer #3
540 votes
If power of attorney is not registered then as per latest Apex court decision in Surya lamp case it does not hold any relevancy in eyes of law.Therefore you can also file separate case against him in both civil and criminal courts seeking cancellation of GPA and also filing a criminal complaint,or you also have an option of replying back to the case filed by him through your Written Statement,and stating the matter of fact that what fraud he has played there,Therefore you can also seek damages and possession along with declaration suit.
Answer #4
957 votes
what you will have to do is file a case for cancellation of the agreement to sell. as it is, an agreement to sell does not confer any title on a person. also, your POA should have been cancelled through public notice.

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