Propert Dispute
Samir Naik
(Querist) 10 February 2009
This query is : Resolved
I owned a house property which was under dispute of unfair partition of the same. However I sold the property alongwith the suit to a Developer who bought the said property alongwith the Suit and made a Indemnity Agreement between us thereby indemnifying me for any loss / claim / cost that may arise from the said legal suit or any further appeals made on the same suit. Accordingly I executed a Power of Attorney empowering him to attend all the legal matters including this suit and perform such acts as it could have been done by me as a owner of this property.
Now I understand the court has appointed a mediator to resolve this suit as it is felt by the respected Judge that this being a family dispute could be sorted / solved by mutual understanding between the parties of the Suit. As such since I have an indemnity agreement executed for this suit to cover up any claims / cost that shall arise from this suit, do I still have any liability from such suit. The property at the time of sale had no stay order whereby I was refrained from selling / developing the same. As such since the suit is particularly in the property share and I have sold such disputed property to a developer / builder.
Please advice.
Kind regards,
Samir
PALNITKAR V.V.
(Expert) 10 February 2009
Since you have indemnity agreement in your favour and also executed a POA, the POA will take care of the litigation and the outcome thereof.
M. PIRAVI PERUMAL
(Expert) 10 February 2009
I completly agree with the views of Mr. Palnitkar.
