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powerof attonery and principal

(Querist) 26 January 2010 This query is : Resolved 
1) when a poa is executed the sale deed in favour of third party on behalf principal,but did not settled the accounts to the principal in what way the purchase is affected.
2) if the principal filed a suit a declare the sale is null and void on the ground that the accounts was not settled
what is the position of the purchaser.
3) while filling the suit the principal paid only nominal court fee stating the reasons that he is not party to the deed.
4) as per the document filed on behalf of principal the sale recipt show he recieved the full amount.
5) now what is the position of the purchaser
Raj Kumar Makkad (Expert) 26 January 2010
1. There remains no practical effect over the sale-deed already executed. Principal must be vigil in such matters and this is a matter between him and his POA and vendees have no concern withe their dispute qua balance amount.

2. Purchaser is at a better footing because the recital of the sale-deed must be showing that payment has fully been made.

3. His plea is entirely wrong and not tenable before law. sale was made by him through his POA so he was the only party qua seller.

4. ok.

5. As replied earlier no ground is with the seller to raise any objection to the sale-deed on the ground mentioned by you.
Sachin Bhatia (Expert) 26 January 2010
I agree with the above advise
B K Raghavendra Rao (Expert) 26 January 2010

Sale Deed is valid and cannot be challenged in a court of law.


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