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Goutam (Student)     20 March 2011

Agreement to Sell

"A" Power of Attorney holder execute a registered agreement to sell in favour of "C". " A " also received payment from the "C".  In that agreement it is specific mentioned that the registration of Sale Deed will be done after the one year. But before the completion of above mentioned time period the Power of Attorney maker has been died.

                                 The legal heirs of deceased person are not ready to give their acceptance for the continuance of that agreement and for the registration of sale deed.

 

My queries are :-

                1. Whether the Power of Attorney holder can continue that agreement to sell on his on behalf.

                 2. Power of Attorney holder is able to do the registration of sale deed in favour of C.

                3.  How the purchaser (C) will become the owner of that property. He is ready to pay the balance amount if any and all legal expenses. How the sale deed will become in favour of him i.e (C)

 

                                      If any rulings relating to any question and fact plz also give their citation.



Learning

 3 Replies

Awni Ranjan (Online Corporate Trainer )     21 March 2011

 

Since you have not provided full details, let us understand the matter as below

“A” is the Power of Attorney of “B”, to sell latter’s property

“C” is the prospective buyer found by “A”

The POA is notarized and registered

The answer to your query is as below

 Query # 1 – NO

Query # 2 – NO

Query # 3 : (i) “A” ceases to be the agent under POA on the death of “B”

                     (ii) The POA document has to be read carefully to ascertain its nature & type and also to

                          find any specific clause or mention authorizing action in the event of death of “B”

                     (iii) “C” can get the transaction chain completed only with the explicit consent of legal   

                             heirs of “B”

                     (iv) “A” can neither complete the transfer of property nor refund the part payment to  

                           “C” without explicit consent of legal heirs of “B”

                     (v) If the legal heirs are not cooperating with “C” then legal remedy is the only way left.  

Goutam (Student)     21 March 2011

Dear Awni Rajan,

                           The Power of Attorney is registered......

Awni Ranjan (Online Corporate Trainer )     22 March 2011

I had already assumed that POA is registered, hence no more additions in my reply 


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