Partition case
Vaman
(Querist) 29 November 2012
This query is : Resolved
I purchased property (in Goa) in feb. 2012,
before I purchase the seller "x" gives POA to one "y" (with a power to the seller to Sub-delegate his power even to sell) where by "y" now sub-delgt his all power along with sell power to one "Z" and now "Z", now "Z" sold to me that property. (even registered before sub-reg.)
mutation my name entered also .
now when I put it for partitioning before dy. Coll in sept. 2012, the Dy. Coll. said it illegal to Sub- delegate power (even if there is a power to sell).
therefore he (dy. coll) asked me for a case laws where it has happen so.
my Q is :-
1. under what law the dy. coll can ask me this.
2. is it correct what dy. coll says.
3. is my buying is illegal wrong even if sub. reg. registered and mutation takes place.
4. is there any case when such have happened, or when I can support my appl. and give that dy. coll. the said case law. pls can help me.
thankyou.
ajay sethi
(Expert) 29 November 2012
in your case the power of attorney contained a secific clause wherein pwer to sell was sub delegated . . based on said subdelegation you have purchased property from z .
the registrar has accepted the sale through z and regsitered property in your name .
deputy collector seems not to be justifid in view of specific provision in power of attorney permitting sub delgation of power to sell .
if the contention of dy collector is accepted then document should not have been registered and property transferred in your name .
for case laws visit indian kanoon website
ajay sethi
(Expert) 29 November 2012
As per the maxim- ‘DELEGATUS NON POTEST DELEGARE’- Delegation cannot be made by a delegate. A delegated power cannot be further delegated.
the Powers of Attorney Act 1882 itself is silent on this.Sub-delegation is possible , provided the express provision for the same has been made in the PoA itself.
Raj Kumar Makkad
(Expert) 29 November 2012
I have nothing to add in the proper advice of Ajay.
Vaman
(Querist) 01 December 2012
thankyou Advocate Mr. Ajay Sethi.
yes, there is a separate/special Point mentioned in the POA.
but still he is asking for such law if mentioned in POA act or case laws.
and if thereis no law then what is to be done? (then I c't partiton my plot.?)
tks.
and tks also to Advocate Mr. Raj K M.
ajay sethi
(Expert) 01 December 2012
i have already stated that power of attorney act is silent on said aspect . the power of attorney contains said power authorising sub delegation . if deputy collector refuses to consider your application let him pass a speaking order to that effect .
Raj Kumar Makkad
(Expert) 01 December 2012
POA Act 1882 has no such term which may prohibit the sub-delegation of power but citations of the courts are against the point mentioned by you in POA.
