Krishnan Venkatachalam (Legal professional) 27 August 2008

Power of Attorney Holder

Dear friends,
A appoints B as his lawful attorney to sell his piece of property by a registered power of attorney deed. B in the capacity of attorney sells the land to C, the purchaser. C pays the entire consideration amount to B and the sale deed in favour of C is registered. B, the attorney issues a cheque to A being the sale price of the land. The cheque gets dishonoured. Before A could proceed with an action against B, B dies. Is it possible for A to file a suit against the legal heirs of the deceased power of attorney holder B ?

V. Krishnan

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6 Replies

Mr. Gaurav Pandya (Advocacy ) 28 August 2008

Sir,

Yes, A could proceed and he can file civil suit to recover the money.

Cri. Complain i.e. Nego cant file b'se B is no more.

Advocate Pandya(98985-98184)

GOPI KRISHNA (ADVOCATE) 28 August 2008

i haven't come cross this type of case, if there was a clause in the POA that the Attorney can receive sale considaration, issue receipts to execute sale agreement/ deed, then executant A can go against the LR's of B for recovery of money

Murali Krishna (Govt..Employee) 28 August 2008

Yes. As can be seen from your question, since the POA is for sale of the property, A can file a case for the money from the lrs.

Vinay Chhikara (Legal Expert) 29 August 2008

i agree with Gaurav Pandya

prof s c pratihar ( urologist &legal studies) 06 September 2008

Because under the rules framed by our HighCourt,it is only an agent who isthe donee of power of attorney that can perform any actsor make any proceedings in courts on bebalf of his principle.(western india theatresvs IsharbhaiAIR 1959Bom386)with such legal position suit for recovery can be filed against legal hairs.drscpratihar