Sir,
sub deligation of power of attorney is valid or not is there is a clause to sub deligate regarding to property.
kishore kumar 25 October 2017
Sir,
sub deligation of power of attorney is valid or not is there is a clause to sub deligate regarding to property.
manoj 25 October 2017
As per the Supreme Court Judgment the power of attorney must be construed. The answer to your query is that the authority to sub-delegate the functions must be explicitly mentioned in the General Power of Attorney. Otherwise the sub-delegation will be inconsistent with the General Power of Attorney and thereby will be invalid in Law. otherwise the general power of attorney itself can be cancelled and be given to another person.
manoj
advocate
8686159292
kishore kumar 25 October 2017
Thank you sir,
for your opinion about the power of attorney sub-deligation. there is a clause in all the 3 power of attorney to sub delegate it to any other person/s.
Actually the power of attorney holder no. 2 Mr. Leon had sold the property to two persons. I have given the flow chart of the details. my wife susila devi is the first part and we have registered the property throught the court through specific performance act and took possision of the property throught the court the property is in our possionsion till now and we have done the mutation and sub division of the property in our name and the opposite party is the second part. The opposite party had filled title suit as both the names are reflecting in the EC and we have filled an injection suit.kindly give your opinion about this property
Plot Nos. 15,16 & R, Thendral Street, Ragvendra Nagar,Pondicherry -605004.(RS No. 157/2/B)
PART -I
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2) Will Deed by Vaithilingam Doc No.96/1982 dated 05/07/1982 to Rathinasabapathy No.18 Vaithilingam |
3) POA Sadhasivam Doc NO.752/94 dated 27/05/1994 No.18 Vaithilingam |
4) POA Leon Doc.No.853/94 dated 03/06/1994.
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5) POA Mohini Devi Doc.No. 957/94 dated 04/07/1994 and receipt for Rs. 186000/- dated 04/07/1994
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6)Sale deed agreement between Mohini Devi and Susila Devi dated 18/07/2000 for Rs. 175000/- paid advance Rs. 150000/- and Rs. 15000/-15/07/2003 and balance Rs. 10000/- deposited in Court. |
7) Filed case before ASJ at Pondicherry O.S.No.314/2005. got Judgement & Degree on 06/04/2006.
8) Protest letter given to Sub-Registrar Oulgaret Pondicherry on 23/10/2006. And withdrew on 27/07/2008 after sale deed Doc. No. 3762/2008 |
9) Sale deed Doc.No.3762/2008 dated 26/06/2008 O.S 314/2005 in EP 193/2006 in favor of Susila Devi |
10) Patta changed in Name of Susila Devi bearing Patta No. 1693 on 30/12/2009. |
11) Newspapper advt., given by Rathinasabapathy and four others in Daily thanthi dated 16/09/2010 conforming the POA to Sadhasivam for specific area as per PAO given to sadasivam |
12) Delivery by ASJ Court at Pondicherry on 08/06/2011 in O.S 314/2005 in EP 31/2009. Judgement for delivery of property as per Saledeed 3762/2008 by ASJ at Pondicherry O.S.No.314/2005 in EP 31/2009 |
Part -2
5a) Sale Deed agreement between Vaithiswaran & leon (II PAO) dated 05/06/1994 for Rs. 750000/- Adv. 500000/- Bal. 2.5 Lks. paid on 10/06/94 (Unable to register) mentioned in Sale Deed Doc. 4712/06. |
6 a) Cancelled POA of Leon by Sadhasivam Doc.No.853/94 dated 03/06/1994 on 25/07/2006 |
7 a) Sale deed Doc No. 4712/06 dated 31/07/2006 to Vaitheeswaran by Sadhasivam. |
8 a) Sale deed Doc No.5677/2006 dated 07/09/2006 by Vaitheeswaran to S. Arokiya Mary |