Power of attorney

Aman (Querist) 20 September 2012 This query is : Resolved
Can a Power of Attorney delivering possession over an immovable property in exchange of a valid consideration be revoked by the principal if the holder of the power of attorney sells that property without obtaining consent from the Principal. If yes how?

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adv. rajeev ( rajoo ) (Expert) 20 September 2012
Before sale executor of PA has to revoke it, otherwise sale will be valid.

adv. rajeev ( rajoo ) (Expert) 20 September 2012
If after sale PA revoked then for possession purchaser will have to approach the original owner.

Aman (Querist) 20 September 2012
But wouldn't that GPA be irrevocable as it was obtained in exchange of a valid consideration amount? and if still the Principal reserves the power to revoke it owing to the use of 'excess of authority' by the agent, then under what provisions of Indian Contract Act? And can some case laws also be suggested which gave the judgment in the favor of the Principal in situations governed by similar facts?

K.K.Ganguly (Expert) 20 September 2012
One such sale through POA has been disallowed by Supreme Court in its Judgement passed in Oct'2011 since, inter alia, it evaded stamp duty while selling to the POA holder by taking consideration.

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