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Subin Thomas (HW)     23 January 2010

sale of land

I wanted to sell a plot for which I gave a copy of all documents to interested parties for verification, one of these deal was finalised.  Meanwhile another party has served me legal notice stating that I have already agreed to sell the land to him and he has paid me an ' X' amount as advance and that I should sell only to him, which is totally false. What should I do.



Learning

 5 Replies

Anoj Joseph (manager)     23 January 2010

(X) has a land received from Owners which is didvided into 2 portions. One is completely registered and the sale deed completed. (X) was given the power of attorney on the other portion in 1995 by the owners and have kept it under (X's) possession for the last 15 years. (X) did register the Power of attorney as per the transfer of property act. (X) also made the sale agreement by 2004. By 2005 the owners passed away, but all the expense on the land and clearing the tenants from the place was taken care by (X).

Can (X) sell the property with the Registered Power Of Attorney and the Sale Agreement?

R.R. KRISHNAA (Legal Manager)     23 January 2010

Mr. subin, if the another party who served notice on you is false then send a reply notice denying the allegations.  If the problem is serious you can lodge a criminal prosecution against the another party.

R.R. KRISHNAA (Legal Manager)     23 January 2010

Mr. Anoj Joseph,

 

X cannot sell the property as the owners of the property are now dead.  Hence the power of attorney becomes invalid and the sale agreement also becomes invalid.  Hence only the legal heirs of the owners are entitled to sell the property to anybody. X has no right.

rajkumar.vnm.marupeddi (advocate)     24 January 2010

you can lodge a police complaint against the so called person who will not be able to produce any documentary proof  to show that you have agreed to sell your property. A person with false claim shall suffer because of his illegal acts of worrying and harrassing you

rajkumar.vnm.marupeddi (advocate)     24 January 2010

Since the principal died, his agent can not act on behalf of the deceased on the basis of the Power of Attorney. But, the agreement of sale will still subsist. The agreement holder is entitled to seek for the relief of specific performance of the said contract agains the legal representatives of the deceased 


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