Sub delegation of powers
vincent
(Querist) 18 November 2012
This query is : Resolved
dear sir, i bought a property in tamilnadu of india in the year 2004 from x as a power agent of y and enjoying the same property till date. i.e. possession is with me.now one person disturbed me through a registered document in the year 2007 in his name. he says that he has purchased the same property from z in the year 2007.z has purchased the same property from w who is the power agent of x in the year 1975.y is the actual owner of the property and x is his power agent.w is the power agent of x.in the power document submitted by x, y had not given any specific powers to made over his powers to any. x had given power to w only to sell his property in the year 1975. but w using that power to sell the property of y stating that he has power to sell the property of y as he was the power agent of x.the matter is now on the court.our lawyers says that a power of attorney cannot delegate his power to others to sell a property. so the document executed by w is invalid. the defendant is saying that there is no such rules in the olden periods.the actual power document given by y to x has no provisions about sub delegation of powers. but the defendant says the power given by x to w is enough to sell the property of y by w. please give me your legal opinion about this issue. can a power agent delegate his powers to others to sell a property? the defendant documents or the sale deed of z or the power deed executed by x to w never showed any clauses about sub delegation of power to register the property. please advice me and provide me if there any citations in this regard. thanking you.
ajay sethi
(Expert) 18 November 2012
your lawyer is aboslutely correct . a power of attorney holder cannot further delegate his power to third party . only in case where there is specifi provision in power of attorney authorising him to further delegate then only such delgation can be done
since Y is the owner ofproperty and he has given power of attorney to X to sell the property and you have purchased the property through X you have good title to said property .
W had no rights to sell the property as X could not have given him power of attorney as he was not the owner of property in question
V R SHROFF
(Expert) 18 November 2012
U R IN POSSESSION FOR OVER EIGHT YEARS.
U ACQUIRED IT THRU POWER X ,
Your Registration is of 2004, prior to next claimant with 2007.
So Only you entitled to the property.
Devajyoti Barman
(Expert) 18 November 2012
The power of delegation must have to be mentioned in the original POA. If it is not there then the constituted attorney can not delegate that power to another person without specific power in that respect.
prabhakar singh
(Expert) 18 November 2012
A delegated power can not be delegated is simple rule of law so delegations right must be incorporated in original POA otherwise a fresh power to that effect would be needed from principal.
Raj Kumar Makkad
(Expert) 18 November 2012
I have also similar opinion as of Mr. singh.
