Sella Muthu (Business) 12 November 2011

Power attorny

Greetings,

I gave power attorny to sell my land to my cousin. After the PA was excuted when I was in the down, in cooperation with his friend on the same day he sold the land his friend and then his friend sold the same back to him. In both the case the sale and purchase amount is same. The document has been registered without discussing with me. Is it legally right?. Is there a way for me to file a complaint saying misuse of PA?. It happend just a week ago. Kindly guide me if there is a solution.

Thanks

Reply Follow

3 Replies

kumar t v s (advocate) 12 November 2011

Principal gave authority to agent.

Agent sold to party no.1.

Party no.1 sold to party no.2(agent)

The transaction is proper in law.

If you can bring out the malefide intention of the agent in registering the property, you may file a suit to cancel the power of attorney and 2 sale deeds.

Advocate Vishnu (Advocate) 14 November 2011

Dear Mr.Nallusamy,

As per the recent supreme court judgement, sale of a immovable property by power of attorney(POA) cannot be considered as a sale at all and is legally void.

I would suggest you cancel the POA and file a suit to set aside the sale deed .

If you have received money from POA on account of the sale , then you may have return the same or other wise your friend will move the court for specific performance of the contract.