This is one of the most serious property law situations I encounter, and I understand the sense of betrayal that comes with discovering that someone you trusted — a family member or close associate to whom you gave a power of attorney — has used it to transfer your property without your knowledge or approval. The good news is that the law provides you with multiple, serious remedies, and the unauthorised transfer is very likely voidable or void depending on the terms of the power of attorney.

The first legal analysis is of the power of attorney document itself. A Power of Attorney (PoA) — whether General or Special — confers only the specific powers that are expressly written into it. An agent under a PoA can exercise only those powers that are clearly and explicitly stated, and no more. If the PoA did not authorise the sale of the property, the agent had no authority to sell it and the sale deed is void for want of authority. Even where the PoA did contain a power to sell, the agent was bound to act in your interest and within the scope of the actual instructions — a sale at an undervalue, to a related party, or in circumstances that suggest fraud or self-dealing is challengeable on grounds of breach of fiduciary duty and fraud. The sale deed must be challenged before the civil court through a suit for cancellation of the document under Section 31 of the Specific Relief Act 1963.

Simultaneously, your relative's conduct may amount to criminal offences — criminal breach of trust under Section 316 of the BNS (the old Section 406 IPC) and cheating under Section 318 BNS (the old Section 420 IPC) — for which an FIR before the Kanpur Police and a complaint before the Magistrate are available. These criminal proceedings often create significant pressure on the agent to return the proceeds or cooperate with a civil resolution. The purchaser who took the sale deed also needs to be assessed: if they purchased in good faith and without knowledge of the agent's unauthorised action, their position is more protected; if they were aware of the fraud or the sale was at a significant undervalue suggesting they could not have been bona fide, their title can also be challenged. Acting quickly with the property and criminal lawyers at the Kanpur panel of Aapka Legal Advice — combining the civil cancellation suit and the criminal complaint — gives you the strongest prospect of recovering your property.

Keep the original power of attorney document, your original title deed, and any correspondence with your relative carefully — these are your primary evidence in both proceedings.