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anjali   04 May 2018

Agpa- attorney expired

Hello sir,

Can anyone help me in this?

I'm the owner. I did agreement of sale cum GPA in 2016 but the attorney is died recently. Can you please let me know who has the legal right on the property to excute the sale deed. Is it me or the legal heirs of the attorney?

And aslo I've taken some amount of money at the time of AGPA, But I was expecting the remaining money later after execution.

Now the attorney is died. I want to return the money to the legal heirs of the attorney with bank interest & want to take my property back.

Is it correct way?..Please let me what should I do as per law.

Kindly reply.

 



Learning

 11 Replies

G.L.N. Prasad (Retired employee.)     04 May 2018

Contact advocate and issue a notice to know the opinion of legal heirs through issue of legal notice in writing.  Decide as per legal advice during negotiations and get suitable documents to safeguard your interest.

Kumar Doab (FIN)     04 May 2018

As per narration in said sale cum GPA any amount is pending?

Or whole amount as in said document has been paid?

 

P. Venu (Advocate)     04 May 2018

Have you contacted the legal heirs of the PoA? What is their response? What is the legal status of the so-called "Sale cum GPA"? What are its terms?

anjali   05 May 2018

Thank you for the advice.

anjali   05 May 2018

Sir..Amount is pending. I wanted to sell my property. They took AGPA instead of sale deed. The expired attorney is the buyer. He wanted to grab my property. I got scared & I put it for sale. But they stopped the buyers coming to the property by saying that the property is already sold out. They also threatened me indirectly by doing some construction in my property without my permission. In that area non one is there from my end to look after my property more frequently. That too I was moving to USA. So I had to sell the property to that attorney for low price who threatned me. That too at the time of regestering AGPA they didnt give me 50000 which they told they will give me. They did so much nonsense. Recently they called & told me that the attorney is expired , so we need your signature for registration. I said I dont do this. Either you give my property back & i'll return your amount with interest or you take my property by giving my balance amount. They are not even ready for that. But I dont want to lose this oppurtunity because they did so much cheating. Please let me know what should I do. Thanks for your time.

anjali   05 May 2018

Sir.. The attorney's legal heir contacted me initially. They said that the attorney is expired & so the AGPA also declined & they need my signature for registartion.

I dont want to register this time because I was cheated by them & I want to claim my loss of amount now, then only I want to do registartion. Please let me know

Kumar Doab (FIN)     05 May 2018

The amount demanded by you as balance……….. is balance as per narration in said document?

If yes, the legal heirs may agree to pay.

The legal heirs may also proceed further since you have declined..per your version.

Since you are being threatened and have mentioned declinature you may approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and having successful track record ….. and worth his/her salt …and discuss in person and even with seasoned Parties in Person  and proceed further in the best of your interest.. 

Or try to resolve amicably by involving mediators from both sides.

anjali   05 May 2018

Sir...that looks pretty cool..thank you for the advice..will proceed accordingly.

Kumar Doab (FIN)     05 May 2018

You are welcome!                  

T. Kalaiselvan, Advocate (Advocate)     06 May 2018

Since this POA deed is coupled with interest, it may not be revoked even though `the power agent has expired.

The legal heirs can continue with the POA to that extent of the interest in the property.

 

However you dont agree for signing the execution until they would pay you back the balance amount due to you with interest.

 

 

1 Like

anjali   06 May 2018

Sir..that is true..I also want to do the same..want to claim my loss..I want to keep quite now.when they need my signature I'll claim...If they are ready will try to solve the problem through mediator...otherwise I also want to proceed as per the lawer suggestion.ill show the docs to lawer.Thankyou for the reply

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