Poa
Querist :
Anonymous
(Querist) 18 December 2020
This query is : Resolved
A sells his land to B and on the same day after full payment, possession and an irrevocable POA is given to C(B’s Father). After 6 years , B denies the sell agreement and cancel the POA. While the matter was in court C dies. The POA is also mentioned in the Sale deed agreement. Can anyone tell me the status of the POA?
kavksatyanarayana
(Expert) 18 December 2020
Your query is not clear. However, to my understanding, POA is null and void.
K Rajasekharan
(Expert) 19 December 2020
The power of attorney can be used by a person to authorise another person to assign something, such as performing the registration formalities including signing the sail deed, on behalf of the former.
But it cannot be used by the middle men like brokers to keep the land in hold for some time and transfer it to another person later for profit, thereby avoiding one property transfer which causes considerable loss to stamp duty to the government.
The Supreme Court and High Courts many a time in the past deprecated this practice of transfer and declared such transfers as invalid.
The query, however, lacks clarity.
Dr J C Vashista
(Expert) 19 December 2020
Facts posted by you are vague and incomplete.
PoA can be revoked by executant even if it is with consideration.
Attorney can not function as middleman till it is authorised by grantor /executant.
It is advisable to seek professional service of a local prudent lawyer for analyses of facts/ documents, guidance and necessary proceeding.
Querist :
Anonymous
(Querist) 19 December 2020
Thx for ur time and I really appreciate all . Regards
Rajendra K Goyal
(Expert) 20 December 2020
Principal can revoke the POA at any time.
POA has not registered the sale deed document before cancellation of POA.
Agreement is 6 years old.
Negligible grounds in favor of the purchaser in the given circumstances.
