Cancellation of power of attorney
vwxyz@rediffmail.com
(Querist) 23 October 2016
This query is : Resolved
Dear Experts,
I have entered into power of attorney with a land owner and paid partial amount during 2005.
I have made agreement with another third person for selling this land and received the money from him for the sale of this land. However I did not pay the balance money to the owner
As the land owner came to know of this deal and he assumed that I have defaulted payment of balance amount, and he cancelled the power of attorney.
However due to pressure from the buyer I registered the land to my buyer but after one year after cancellation of Power of attorney. During the said period the register office was not tracking the cancellation of POA, and so my buyer did not know about this cancellation.
Now the land owner has filed a case that the sale is void as it was done on a cancelled Power of attorney.
Some body suggested that I should have filed a case against the cancellation of power of attorney on the owner of the land, earlier before registering the land. Is it so?
What is the remedy available to me? Can I plead that I owe only a partial amount to the land owner and so the cancellation of power of attorney is not proper and the sale is not void, and I am only required to pay the balance payable, which I am prepared to pay now.
Should I have filed one earlier and will this not filing a case against the cancellation of POA make my stand weak?
Or will the sale will be declared illegal and I can only file a suit for recovery of money paid on this account
Kumar Doab
(Expert) 23 October 2016
Author,
You may ASAP visit a very able counsel.
adv.bharat @ PUNE
(Expert) 23 October 2016
Consult local lawyer. As document verified by him and proper guidance given on it.
Rajendra K Goyal
(Expert) 23 October 2016
You said:
However due to pressure from the buyer I registered the land to my buyer but after one year after cancellation of Power of attorney.
Reply: You did a fraudulent act, can be charged criminally.
You said:
Now the land owner has filed a case that the sale is void as it was done on a cancelled Power of attorney.
Reply:
You are lucky, till now owner and purchaser has not lodged FIR against you.
You said:
Some body suggested that I should have filed a case against the cancellation of power of attorney on the owner of the land, earlier before registering the land. Is it so?
Reply:
No suggestion to regularize illegal act.
Rajendra K Goyal
(Expert) 23 October 2016
You said:
What is the remedy available to me? Can I plead that I owe only a partial amount to the land owner and so the cancellation of power of attorney is not proper and the sale is not void, and I am only required to pay the balance payable, which I am prepared to pay now.
Reply:
Try to have amicable settlement.
You said:
Should I have filed one earlier and will this not filing a case against the cancellation of POA make my stand weak?
Reply:
Illegal act remains illegal. All depend on the facts, merits and pleadings.
You said:
Or will the sale will be declared illegal and I can only file a suit for recovery of money paid on this account
reply:
Discuss with your lawyer.
Kumar Doab
(Expert) 23 October 2016
The principle and buyer both are affected and can resort to penultimate actions against you.
You may ASAP visit a very able counsel and resolve the matter.
Sri Vijayan.A
(Expert) 10 February 2018
No words to be added to advice of Exp.Rajendra K Goyal.
Consult a local lawyer immediately.
Try to solve the matter amicably.
