Sachin (Designation) 13 June 2012
I have come across a property deal where the owner of the land giving right to sell the property to a person through a registered Power of Attorney. The PoA holder further gave another PoA to another person who signed the Agreement to Sell with the ultimate buyer. Wanted to know if the transaction is valid? Can the PoA holder has legal right to give another PoA transferring his rights to sell.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 13 June 2012
An agent (POA holder) can further sub delegate the power to enter into transaction only if :-
a) his original POA/agreement allows so specifically ; in which case the last Agent becomes the substituted agent and transaction is good;
b) Nature of work is such that it is necessary. in which case it is a sub agent.
In both the cases if validly done transaction holds.
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