Whether the alternate sal-deed enterd in to the seller is valid or void?

Adv. Sanjay (Querist) 27 February 2009 This query is : Resolved
My question is :My client entered into an agreement of sale with the seller in the year 1993-94 and after that the seller executed an irrevocable power of attorney in favour of my client and the same has been registred in the year 1994-Mar. After this my client was in possession of the said land. But in the year 2001 the seller without the knowledge of my client(intending purchaser)sold the same property to the third part, which has been registered in the year 2001 only. now whether my client can get back the land as he is ready to perform his part. another problem is that this case before coming to me was there with one Senior Advocate who has done a blunnder mistake that before filing this case he has not issued any notice to the seller for the part performance and has filed the case and then issued a public notice admitting that the said property has been sold to the third party and nobody deals with that property.

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arunprakaash.m. (Expert) 27 February 2009
you can plead that whatever the transaction had taken place based on the poa is valid and subsisting on the seller.