Anil Kishore 19 February 2018
Ms.Usha Kapoor (CEO) 19 February 2018
If the principal of power of Attorney dies in normal course the POA gets terminated and invalid. Howevere if it is irrevocable POA and the agent.//donee has interest in subject matter and for valuable consideration death of donor of POA does not terminate poa. yOUR CASE DOESN;'T SEEM TO FALL UNDER 2ND CATEGORY OR IT IS NOT IRREVOCABLE POA and the moment the donor your father dies the poa GETS INVALID.tHE MEDIATOR IS BOUND TO ACCEPT 1.75 LAKHS AND SURRENDER POSSESSION OF LAND BACK TO YOU AS YOUTR FATHER HAS EXPIRED AND POA HAS NO LEGAL VALIDITY..aFTER ISSUING A LEGAL NOTICE TO POA file a case in civil court for your land in possession of POA who is no longer the agent of your father afterdeathof your father.You can file a suit of injunctionif the POA interferes with your possession restrining the mediator from interfering your possession, mesne profits retc.The court msy ask you to deposit RS.1.75 lacs.in court.
R.Ramachandran (Advocate) 19 February 2018
Please do not waste time. Approach a lawyer in your area who is well versed in property law, show all the documents in your hand, discuss the matter in detail and then take appropriate legal action as may be advised to you.
The more you will be wasting your time here and there, without discussing the matter with a lawyer, your problem will increase!
SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 19 February 2018
I agree with expert Shri Ramachandran. No point in trying to get some opinion here on the forum. Approach a good Lawyer and try to salvage the situation.
Whether the property value is near Rs. 1.70 lakhs on the date of GPA? This fact also may prove to be vital to the case.
Whether the fact of consideration of Rs. 1.75 lakhs is mentioned in the GPA? Whether the posession of the property given to him? Whether the title documents are given to the Mediator? If so the Mediator can argue that he paid the consideration and he was given GPA. Ultimately, the matter is litigated. Of course, by approaching the court with all relevant documents you can obtain a Stay Order. Final outcome (not known when it will come positively after a decade) cannot be forecast now.
SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 19 February 2018
If the property in question is worth much much more than the Rs. 1.70 lakhs the mediator paid your father, you may have a fairly good chance of winning it, coupled with the fact that the mediator alienated the property subsequent to the date of death of your Father. If the value of the property is around Rs. 1.70 lakhs, no point in going for a case now, since your father received full consideration and given rights of sale to another person. Unless we see the language used in the GPA, we may not come to the conclusion that whther the Mediator is right or wrong in selling/alienating the property subsequent to the date of death of your Father.
So, ultimately, entire matter needs a thorough scruitiny by a good Lawyer in your area/or in the area where the property is located. Better seek professional help rather than the quik fix solutions on the forum.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 19 February 2018
No property sale on power of attorney: Supreme Court
Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.
In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovable property sales is not a valid form of transfer of property.