Querist :
Anonymous
(Querist) 07 October 2010
This query is : Resolved
Respected Experts,
“A” (actual owner of a landed property) has executed a Registered Agreement of Sale cum General Power of Attorney (with possession) with “B”. Now “C” wants to purchase the lands from “B” basing on the said document and “B” is ready to execute a sale deed in his favour.
Now “C” came to know that there are some misunderstandings in between “A” and “B” and thus “A” openly disclosing that he is going to cancel the said Agreement of Sale cum GPA at any point of time.
At this situation, if I want to go to purchase the said lands from “B” on the strength of the Registered Agreement of Sale cum GPA, should I have to face any legal complications, in future or not? If so what it would be and what will be the remedy.
Guna Shekaran R
(Expert) 07 October 2010
The transaction between "A" and "B" is valid but "B" does not have any title even though he is in possession, which is protected under Transfer of Property Act. A Power of Attorney with consideration is irrevocable." You can purchase the lands from B provided he get NOC from 'A" for all the considerations agreed between them. Guna Shekaran R Adv.
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