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S.MANIMARAN (Advocate)     15 June 2014

Power of attorney

Hello and warm welcome to everybody in the form, my questing to all is that one A had executed a POA to B for 1 Acer Land and also executed a sale receipt in favour of the B after receiving the entire sale consideration  from the B and hand over the entire original title deed some 20 year back, in the said land the said B had sold the 75 Cents of land and the remaining 25 cent is in  the hands of  B, he had enter into a sale agreement  with C and received the entire sale considerations, now the above A had cancel the entire power executed by him twenty years back executed infaour of B without assing any proper reasons.

My first question what is position of the agreement holder,

whether the Power agent can claim any amount from the principal  for looking after his property  for such a long period he had invested money to safe guard is property from the third and paid the tax to government etc.



Learning

 2 Replies

Dr J C Vashista (Advocate)     16 June 2014

Was the attorney granted permission to sale the property? If yes, it is valid otherwise invalid.

For a valid sale transaction and consideration paid the POA is irrevocable and amount can be claimed, otherwise the granter/ Principal can revoke the attorney. 

T. Kalaiselvan, Advocate (Advocate)     18 June 2014

 On the basis of POA deed the power agent sold the property to two different persons on two different occasions on behalf of his principal and the said sale consideration amount received by the power agent was duly handed over to his principal by the power agent. Therefore, once the purpose of executing a POA deed in favor of his agent has been accomplished (here the purpose was to sell the property), the deed automatically becomes infructuous, so let the principal revoke it, the sale deed already made on its basis cannot be revoked by mere cancellation of poa deed.


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