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murugantham (Senior)     02 December 2017

Power of attorney has cheated us.

We have given power of attorney to one of the builder to construct the apartment on our land. It was a joint venture between us and them. The builder(poa) has sold 340 square feet out of 2400sq feet to his friend. We came to know about this and we canceled the power of attorney document. Does the sale of our 340 sqaure foot still valid?? We did not give any rights to sell the land and we have given rights only to build the apartment. Please clarify on my queries. Thanks


Learning

 9 Replies

Kumar Doab (FIN)     02 December 2017

The agent can not act beyond the powers vested by principle and has to maintain the trust of principle.

It is surprising how the registering authority has registered sale if agent had no power to sell?

murugantham (Senior)     02 December 2017

Thanks for your answer.That's what we dont know how he sold it.But anyway we have canceled the POA.Is it still the sale valid?

Kumar Doab (FIN)     02 December 2017

If PoA vested NO power to sell earlier then IT be cancelled or not ; IT never provided any power to sell to agent.

If you cancelled it properly then it is good.

murugantham (Senior)     02 December 2017

We are planning to construct the building ourself.can he legally stop our work by getting a atay from court. Please clarify..

murugantham (Senior)     02 December 2017

In Incumbeence certificate it shows clearly it is canceled.But i dont know what is the status on the sale document which is sold by him to another person??

Kumar Doab (FIN)     02 December 2017

The sale by such PoA should not be valid.

Kumar Doab (FIN)     02 December 2017

Dear LCI Querist @ murugantham 

 

If you are not legally that sound to act as PIP and handle your sensitive matters and also handle such unscruplous persons that are experts in illegal acts then you may lean on a very able senior LOCAL counsel of unshakable repute and integrity specializnig in such matters and having successful track record....

Kumar Doab (FIN)     02 December 2017

Your own lawyer can help you with action to be taken for sale deed executed by agent had had no power to sell.

manoj   02 December 2017

as per the supreme court guidelines the power of attorney should be construed. so when there is no power to sell the flat by the landlord, the agent cannot sell the flat. it is not valid sale. immediately file a suit before the court to cancel the sale made by the builder and obtain interim order from the court not to alienate the void sale to subsequent sale deeds. If you want i will provide supreme court judgment

manoj

advocate

8686159292


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