| I later discovered that a family member misused a power of attorney to sell my property in Patna without my knowledge. Can this sale be legally challenged? |
This is a deeply serious and unfortunately not uncommon situation in Patna's property market, particularly involving older properties where family members hold general powers of attorney for convenience and then misuse them. The law provides you with robust remedies on both the civil and criminal fronts, and acting on both simultaneously is the most effective approach.
The civil analysis begins with the power of attorney document itself. A PoA — whether General or Special — confers only the powers that are expressly stated within it. No implied or incidental power exists beyond what the document spells out. If the PoA did not expressly authorise a sale of the specific property, the agent had no authority to execute the sale deed and it is void to the extent it purports to transfer title without authority. Even where a sale power was included, the agent was bound to act for your benefit, within your instructions, and at proper value. A sale to a related party, at a gross undervalue, or in breach of any of your instructions is challengeable on grounds of breach of fiduciary duty, fraud, or acting beyond the scope of authority. The remedy is a suit for cancellation of the fraudulent sale deed under Section 31 of the Specific Relief Act 1963, filed before the civil court in Patna, with an urgent application for injunction restraining the agent or the buyer from dealing further with the property.
On the criminal side, your relative's conduct constitutes criminal breach of trust under Section 316 BNS (the old Section 406 IPC) and cheating under Section 318 BNS (formerly Section 420 IPC). An FIR before Patna Police naming the relative and, potentially, the conniving purchaser puts the criminal process in motion and creates real pressure for a resolution. A Magistrate's complaint is available where the police do not promptly register an FIR. The criminal and property advocates at the Patna panel of Aapka Legal Advice can coordinate both proceedings — the civil cancellation suit and the criminal complaint — ensuring they reinforce rather than undermine each other.
Secure the original PoA document, your original title deed, all payment records, and any correspondence with your relative immediately — these are your primary evidence in both proceedings and must not be allowed to disappear.