mis use of general power of attorney
i had given a general power of attorney (registered) to two agents- my father and brother in 1982 .the GPOA had all kinds of powers given to them. I was in CRPF at various places till 2007 when i was retired and came home. i had about 5 acre of land on my name when i had made this GPOA. my agents bought a few more land on my name with my GPOA. but when i came back i found that my father (one agent ) had shown my 5 acre land portion (2 acre ) to my brother (another agent of my GPOA ) as sold and made sale deeds using my GPOA.this land sold was on the road side and completely blocking my land from main road thus even reduced the value. since then i got my GPOA revoked. now they have turned against me.
1. is it correct legally for my agents to transfer land between them showing as sale deed using my GPOA.?
2.is it not a breach of trust as they were to act for me and on my behalf. can they function against me..?
3. under what ipc the charges can be framed… is it a criminal case or civil..?what should be my line of argument in the court..?
Re: mis use of general power of attorney
1. Yes, the GPA is entitled to execute a sale deed on your behalf.
2. You may sue your GPA for return of the money collected in your name by sale of your property; However it may not be strictly speaking ‘breach of trust’.
3. It may not be a criminal case. You may raise a demand of sale consideration from the GPA who executed sale deed of your land.
The court case will be very costly and time consuming without any certainty about results. You may consider making efforts for peaceful settlement of the dispute with intervention of family friends/relatives. It may be better to avoid litigation.
Sudershan Goel
Attorney-at-Law (India)/ Visiting Scholar, UNC-CH USA
Sureme Court of India
New Delhi, 110001
Re: mis use of general power of attorney
Already replied.
Homi Maratha
N.N. Maratha & Co.-Advocates
Ahmedabad, NUS 380015