Legal Question in Civil Rights Law in India

My father had given 2.5 acre POA to one person for obtaining Loan. He made agreement to another person using POA. Now when we went to repay the Loan he did not cooperate. then we came to know that he had cancelled the Agreement made and created sale deed using POA in his own brothers name. Now he is demanding more money. Actually we are living inside the property it is got two panchayat approved houses with two separate door numbers, House Electricity connection, two Water connection, Borewell, Agricultural Electricity Line, 100 coconut trees, 30 mango trees, 500 Banaa. But since it was a loan transaction we did not mention any of this in POA. We gave POA only for vacant land. he has also created sale deed in his brothers name for vacant land only. Now we have filed a suit stating it is loan transaction but they are defending we had sold the property and we are creating problems. the witness in POA and the Agreement Holder are ready to witness in the court that it was only a loan transaction. we had not signed any other document except POA. what else we can do to save our only property we have...


Asked on 3/06/13, 7:13 am

2 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

06.03.2013

Dear Sir / Madam,

If your father has given a general Power of Attorney to the person, he can use it to sell the property. This is precisely what the person has done. The two witnesses will have to be produced in Court in support of your father that the POA was only given as a security towards the loan availed by your father and it was not meant for sale. The matter has to be properly argued in Court.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 3/06/13, 7:19 am


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