samirbharani (associtae) 26 July 2012

Misuse of power of attorney !

My family has registered into an agreement to sell with a develpoer to sell a part of the plot after subdivision. we have taken full consideration in advance. The agreement contains certain terms and condition before issuing conveyance to the develper..but no time limit is mentioned ..

Now the develpoer is misusing the power of attorney by encroching in our part of the subdivided plot as per the agreemnt...which is a loss of FSI to us.....(power of attorney issued is for the whole plot).. the municipal athorities have cleared all the proposal of the developers for constuction..?

can i revoke the power of attonery? Can i get a stay from court on the construction of the develpoer..... what is the other action that i can ask from court against the developer...??

what is the success rate in such matters..??

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 26 July 2012

Since you have taken the entire consideration up front, the agency is one that is coupled with interest, and would be difficult to revoke. However having said that, if the builder/agent has exceeded his authority in the same or is trying to do so, he can be so injuncted or restrained by filing a suit for injunction.

Any detailed opinion is subject to perusal of the terms of POA/Agreement to Sell.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 26 July 2012

Mr.Samir,

Revocation of Power of Attorney is generally terminated by the expiry of the period fixed in the power of attorney deed. 2. The principal being adjudicated an insolvent by a court of law.3. The business of agency being completed for which the power of attorney is executed, 4. The power of attorney holder renounces his powers, 5. The principal revoking the authority of the power of attorney holder,6. Either the power of attorney holder or the principal becomes of unsound mind or dies. 7. Renunciation of one of the parties to the deed. 8. Implied revocation, 9. When the power of attorney holder renouncing the business of agency.