My brother misused a power of attorney to sell my Gaya property; can I challenge it?
FA Asked by Faisal Ahmed from India
Quick Answer
A sale effected through a power of attorney can be challenged if the agent exceeded authority, acted fraudulently, or the POA was revoked, by filing a suit for declaration and cancellation before the civil court in Gaya.
Detailed Legal Analysis
A sale effected through a power of attorney can be challenged if the agent exceeded authority, acted fraudulently, or the POA was revoked, by filing a suit for declaration and cancellation before the civil court in Gaya. The Supreme Court has held that a POA does not convey title and cannot be a substitute for a sale deed, so such transfers are suspect.
You must prove the misuse, the revocation, and the bona fide of the purchaser. Patna High Court can be approached for interim injunction to restrain further alienation.
Bihar Rent Control Act 2017 on registration and stamp duty applies to such documents. A suit for possession can be combined with declaration.
Limitation is three years from knowledge of the fraud. Register a revocation and notify the sub-registrar.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.