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By :
Krishnan Venkatachalam
advocate
[ Scorecard : 119]
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ON : 8/27/2008 10:34:31 PM
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Dear friends,
A appoints B as his lawful attorney to sell his piece of property by a registered power of attorney deed. B in the capacity of attorney sells the land to C, the purchaser. C pays the entire consideration amount to B and the sale deed in favour of C is registered. B, the attorney issues a cheque to A being the sale price of the land. The cheque gets dishonoured. Before A could proceed with an action against B, B dies. Is it possible for A to file a suit against the legal heirs of the deceased power of attorney holder B ?
V. Krishnan
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By :
Mr. Gaurav Pandya
Advocacy
[ Scorecard : 53]
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ON : 8/28/2008 12:24:29 AM
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Sir,
Yes, A could proceed and he can file civil suit to recover the money.
Cri. Complain i.e. Nego cant file b'se B is no more.
Advocate Pandya(98985-98184)
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By :
GOPI KRISHNA
ADVOCATE
[ Scorecard : 738]
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ON : 8/28/2008 10:37:28 AM
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i haven't come cross this type of case, if there was a clause in the POA that the Attorney can receive sale considaration, issue receipts to execute sale agreement/ deed, then executant A can go against the LR's of B for recovery of money
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By :
Murali Krishna
Govt..Employee
[ Scorecard : 1565]
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ON : 8/28/2008 2:48:01 PM
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Yes. As can be seen from your question, since the POA is for sale of the property, A can file a case for the money from the lrs.
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By :
Vinay Chhikara
Legal Practice
[ Scorecard : 137]
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ON : 8/29/2008 5:23:17 PM
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i agree with Gaurav Pandya
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By :
prof s c pratihar
urologist &legal studies
[ Scorecard : 352]
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ON : 9/6/2008 10:20:23 PM
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Because under the rules framed by our HighCourt,it is only an agent who isthe donee of power of attorney that can perform any actsor make any proceedings in courts on bebalf of his principle.(western india theatresvs IsharbhaiAIR 1959Bom386)with such legal position suit for recovery can be filed against legal hairs.drscpratihar
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By :
Krishnan Venkatachalam
advocate
[ Scorecard : 119]
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ON : 9/9/2008 8:27:00 PM
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Hellow Mr.Do not matter does not matter,
Kindly go through my querry carefully. It is the power of attorney holder B who is dead and not the Principal A.
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