Death of agent after passing specific performance decree

D can purchase the property from the heirs of the decree holder i.e C.

@Adv. Archana

Thanks for your valuable advice.

Dear Sir,

               As Adv Archana has stated the property can be purchased from the heirs of 'C', but a legal hitch is there wherein if the legal heirs of 'B' choose to go on appeal then your client's rights will be jepordized in the event of the appeal going in favor of the heirs of 'B' and there is every chance for that happening as Specific Performance cannot be executed after the person supposed to execute is dead, and here the person 'B' as being dead the Court might possibly rule in favor of the heirs of 'B'. This possibility exists only in the event "APPEAL".

Best wishes,

Deepak Vama.

@Mr. Deepak.

Dear Sir,

Thanks for your reply and valuable suggesstion.

Here it is pertinent to point out the following two important facts.

(1)  6 years had lapsed after passing of the decree.

(2) One of the son of B (the deceased agent) ie. client D is going to purchase the property. In other words it is a repurchase of father's property. The other heirs will be the consenting witnesses.

Further yesterday I advised the client D to get the decree registered first by the heirs of C and then ask them to execute and register the sale deed in his favour. I hope the client is now safe intoto.

Regards.

Jayarajan.

Dear Experts,

If there is any contra opinion to safeguard this client further, it may kindly be notified. The registration process will be held next week.

Thanks and Regards

Jayarajan.

B was merely power holder and not the owner.It is only the owner who could execute sale deed,In my opinion D should get sale deed from heirs of A.

 though decree passed whilest alive of agent after death of agent the pwer would came   to an  end and the legal hies of agent are not liable to execute decree and the decree itselt not binding precednet on deaht of agent to his legal hiers . Next  the legla heirs of decree holder can file execution  proceddings  agsint legal heirs of principal. the decrree though passed  reprsented by agent on bhehalf of pricnipal. So legal hiers of principla are binding they should abide by the decree. Since time of two years was elapsed you must sent first  Or 21 Ruel 22 noitce to legla heirs.

K.V.S.S. PRABHAKAR RAO , ADVOCATE, RAJAHMUNDRY ( A.P )

@Mr. Niranjan and Mr. K.V.S.S.P.,

Dear Sirs,

Thanks for your opinions.

As per facts of the case, the agent B has given the sale consideration to the principal A and obtained a stampted receipt from him even prior to the agreement for sale. Thus the agent B has got interest over the property to be sold. There was no express contract to terminate the agency between A and B before their deaths.

Now as per Section 202 of the Indian Contract Act, "Where the agent has himself an interest in the property which forms the subject matter of the agency, the agency, cannot, in the absence of an express contract, be terminated to the prejudice of such interest".

As per illustration to it, "A gives authority to B to sell A's land, and to pay himself, out of the proceeds, the debts due to him from A. A cannot revoke this authority, nor can it be terminated by his insanity or death".

Further as per Section 203, "The principal may, save as is otherwise provided by the last preceeding section, revoke the authority given to his agent at any time before the authority has been exercised so as to bind the Principal".

Here the Principal A had already received the sale consideration amount from the Agent B. By this the Principal made himself binding to the agency. Moreover acting upon the agency, the Agent B entered into sale agreement and after suit by C, decree also passed. Thus the Agent B has exercised the authority given to him. Thereafter he died. Principal A's control over the agency ceased to have effect on when he issued a receipt for the sale consideration.

Thus according to me, since it was an agency coupled with interest as I have already stated supra, the heirs of decree holder C can execute and register the sale deed to D, in pursuance of the Decree.

I hope this view holds good.

Thanks and Regards,

Jayarajan.

In that case it amounts irrecoverable power and on the strength of that power the sale deed can be executed.