LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SAN CHAN (abcd)     27 May 2018

Can irrevocable poa be revoked?

I bought one flat in Mumbai Maharashtra in 2006. The buildings are constructed on Collectors' Land. The sale was made as POA, as that was the norm at that time (same as MHADA flats) since the flat was non-transferable for 15 years of construction in case of Private seller and 20 years in case of Government employee. In my case the said seller was private seller. In POA it is specifically mentioned that the POA is IRREVOCABLE.
The society has held up NOC to me for no apparent reason. Also from 2014 they have started charging penalty for not attending the General Body Meeting.(for first two years it was Rs.300 and now they have increased it to Rs.500. The Maharashtra Cooperatives Law 2014 specifically mentions that the Members can be absent from the GBM for five consecutive years before he.she could be classified as non-member and that he/she should be intimated to the said member BEFORE 31March of each year. as none was followed by SOCIETY, the penalty and actions are as per my surmise are illegal.
All other members which are second / third / forth buyers are not mentioned in the list of members in the GBM. instead only the first buyers are listed, many of whom sold their flats years back and gone to different locations or some are literally untraceable. Interestingly ALL these second/Third/Forth buyers are name plated on the society entrances in both of the wings after getting NOC from the society. The Maintenance receipts are still issued in the name of first buyers.
Here is the question. Can I sue the society for non-issuance of NOC and the penalty it charges for not attending (reason/s is/are irrelevant ) the GBM. and more specifically, IF THE SOCIETY TAKE HELP FROM THE FIRST BUYER(Owner) OF THIS FLAT, WHO RESIDES NEARBY AND KNOWN TO SOCIETY MEMBERS, CAN THIS FIRST BUYER REVOKE THE POA NOW? At the time of sale, I was told the transaction is final and these things I faced afterwards. So if I am facing these  problems and felt being cheated CAN I FILE POLICE COMPLAINT AGAINST THE OWNER AND THE BROKER (WHO RESIDES NEXT TO MY BUILDING) UNDER IPC420?
Members' help is highly appreciated.
PS : After the NOC, many of the members have transferred their flats after paying stamp duty and registration in collector's office, still the Maintenance Receipt is in the first buyers' name. Aadhar, Telephone, Ration Card, Voters Card are in my name though I face problems for Electricity and PassPort because of the NOC.


Learning

 9 Replies

Kumar Doab (FIN)     27 May 2018

Per title of your query;

The agent has to maintain the trust and faith of principle and cannot commit transgressing in concurrence with the narration in instrument of power and surrounding of laws and lucid catena of judgments on the matter are available..

The mere title on the face of instrument of power is not sufficient.

Kumar Doab (FIN)     27 May 2018

GO thru;

 

THE INDIAN CONTRACT ACT, 1872

Revocation of Authority

201. Termination of agency.—

202. Termination of agency where agent has an interest in subject-matter

224. Non-liability of employer of agent to do a criminal act.—

227. Principal how far bound, when agent exceeds authority.

https://indiacode.nic.in/acts/4.%20Indian%20Contract%20Act,%201872.pdf

Kumar Doab (FIN)     27 May 2018

And;

Gujarat High Court

Manubhai vs Jayantilal on 9 December, 2011

 

She has submitted that, ultimately the issue in the present case is with regard to the construction of documents viz. power of attorney. She has submitted that close reading of the power of attorney would suggest that no interest has been created, of any nature, in favour of respondent no.1 and same cannot be termed as irrevocable power of attorney.

https://indiankanoon.org/doc/79862417/

Kumar Doab (FIN)     27 May 2018

And;

Madras High Court

Anantha Pillai vs Rathnasabapathy Mudaliar And ...

The general principles regarding the construction of a power-of-attorney are well-settled. Powers -of-attorney must be strictly construed as giving only such authority as they confer expressly or by necessary implication. Where an act purporting to be done under the power-of-attorney is challenged as being in excess of the power, it is necessary to show that on a fair construction of the whole instrument the authority in question is to be found within the four corners of the instrument either by express terms or by necessary implication. 

https://indiankanoon.org/doc/850854/

Kumar Doab (FIN)     27 May 2018

And;

State Consumer Disputes Redressal Commission

Mr. Bhavesh S. Sheth And Another vs M/S. Ravi Foudation And Others on 23 December, 2013

As per the conditions of power-of-attorney executed in favour of the Opponent No.3, the Opponent No.3 was to develop and/or construct the building on the said property out of his own funds. However, the Opponent No.3 failed and neglected to carry development and construction of the said property and, therefore, the Opponents Nos.1 and 2 cancelled the alleged power-of-attorney executed in favour of the Opponent No.3. 

[16] It is a question before us whether irrevocable power-of-attorney can be cancelled by merely sending a letter to the Opponent No.3 particularly when it was a registered power-of-attorney. When the power-of-attorney was given to the Opponent No.3, the document was registered. Document of cancellation was not made to public. Warning was not given to public by paper publication not to deal with the Opponent No.3 pertaining to the property belonging to the Opponents Nos.1 and 2 as the power-of-attorney in favour of the Opponent No.3 was cancelled.

 [19]… Evidence adduced on behalf of the Opponents Nos.1 and 2 that irrevocable power-of-attorney in favour of the Opponent No.3 was cancelled is not satisfactory and it is not free from doubts. No intimation was given to the Sub-Registrar about cancellation of irrevocable power-of-attorney, although it was a registered document.

 

https://indiankanoon.org/doc/7150559/

Kumar Doab (FIN)     27 May 2018

Andhra High Court

Siddareddy Venkatanagaraja ... vs Mir Shahamat Ali Khan on 19 January, 2017

 

1…action of defendant in cancelling irrevocable General Power of Attorney (for short GPA) document No.2119 of 1994 dated 16.09.1994 is illegal and arbitrary and further to declare the plaintiff would continue as GPA holder of the defendant in terms of the document supra and to cancel the cancellation of irrevocable GPA document No.210 of 2011 dated 30.04.2011 and for permanent injunction restraining defendant and persons claiming through him to give effect to said cancellation of GPA dated 30.04.2011 supra of Sub Registrar Khairatabad and such other just reliefs.

4…the purpose of the GPA thereby completed and thereby there is no prima facie case in favour of the plaintiff and the defendant therefrom later cancelled the GPA of 1994 by cancellation dated 30.04.2011 and there is no balance of convenience in favour of the plaintiff to question the same. What he contends invoking Section 202 of the Indian Contract Act concerned, the Section has no application to the case because no financial benefit is given to the plaintiff under the GPA and plaintiff suffers no irreparable loss therefrom and as per Ex.R4 the GPA is revoked and thereby the petitioner is not entitled to the temporary injunction and the order dated 15.07.2011 granting temporary injunction in I.A.No.317 of 2011 passed by the lower Court is set aside by dismissing the temporary injunction with a direction to the trial Court for early disposal of the suit.s

12..from any of the terms of the GPA there is nothing to show any consideration or obligation of the agent involved to be fulfilled by principal with any express contract therefrom to make it irrevocable till then and thereby even the nomenclature mentions as irrevocable including in the title as laid down in John Kotaiah supra that wording does not make the GPA irrevocable for the principal got always absolute power to revoke. 

https://indiankanoon.org/doc/100124734/

Kumar Doab (FIN)     27 May 2018

 

For matter at your hands relate with

Society bye laws framed in accordance with Model Bye laws and Act in the state and

approach a very able LOCAL senior counsel of unshakable repute and integrity specializing in property/civil matters and well versed with applicable rules/laws/citations and having successful track record…. and worth his/her salt..and show all docs and give inputs in person.

Check for such counsels at LOCAL O/o Tehsildar, civil courts, HC,SC..

 

 

Kumar Doab (FIN)     27 May 2018

LCI Experts Mr. Hemant Agarwal, Mr. M.V.Gupta, Mr. Kishore mehta, Mr. Madhu are from your location/state and post on such matter with insights .

If you wish you may approach them..

Siddharth Jain   28 May 2018

Mr. Kumar Doab please grow up.
stop with this cheap act of posting multiple useless messages, so as mislead the querists.
moreover, they are just copied messages, which you use on each and every post, irrespective of any relevance.
STOP WITH THIS MADNESS ALREADY.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register