Cancellation of poa and development agreement
Mohammed Rizwan Shaikh
(Querist) 03 May 2016
This query is : Resolved
Dear Experts,
The land owner Mr.A aged 86 yrs had executed a POA in the year 2005 in favor of the Developers (B + C) to develop the land. The Developers formed a partnership firm wherein the B + C + A were the partners. In 2011 Mr. A with malafide intention to usurp the rights of the other partners filed a false complaint against B & C. However, B + C considering his age factor did not retaliate to the false allegations of Mr. A and resolved the matter amicably. In 2016, Mr. A under the influence of his relatives and ladies gang again filed complaint against B + C as he wanted to take the forceful possession of the land and the under construction 20 floor building. As Mr. A with the help of his relatives tried to take forceful possession, Mr. B and C retaliated and a dispute aroused between the partners. Mr. A circulated the a letter informing ills about the Developers to the 150 flat purchaser. Moreover, Mr. A through his Advocate has send a POA cancellation/ revocation notice to the Developers.
The Developers replied to the legal notice that u/s 202 of Indian Contract Act, POA cannot be revoked.
Can Mr. A cancel the POA merely by sending a legal notice to the Developers?
What legal remedy rests with the Developer?
Can Mr. B & C file defamation suit against Mr. A, as he spoke ill about the Mr. B and C?
Now the second issue:
The residents of the buildings has filed a complaint with Mr. B & C and Senior Inspector of Police against Mr. A in respect to his womanizing nature. Even at the age of 86 yrs, he was engrossed with his ladies gang. Few flat members even saw Mr. A getting massage with the ladies and the said member even gave statement with the Police. Now Mr. A through his advocate has threatened the flat members to give the evidence and or else Mr. A would file defamation suit.
Can Mr. A file defamatory suit against he 150 flat members who has just lodged a complaint against Mr. A with the Developers and Police?
As there is no video recording, how can the act of Mr. A be proved?
What legal remedy rests with the flat members?
In the court, Mr. A cunning by nature, will state that he is 86 yrs old what enjoyment can he do, how can the flat members take legal stand in this regard?
Regards,
Rizwan Shaikh
Adv. Yogen Kakade
(Expert) 03 May 2016
The terms mentioned in the DA and POA need to be seen.
Kumar Doab
(Expert) 03 May 2016
Engage an able counsel for the matter.
Rajendra K Goyal
(Expert) 03 May 2016
Discuss with senior lawyer, show him all related documents.
malipeddi jaggarao
(Expert) 03 May 2016
The litigation involves huge value of property. Unless the POA is thoroughly studied, no advice is useful.
Mohammed Rizwan Shaikh
(Querist) 03 May 2016
Many thanks for your reply dear experts.
I certainly understand that it is a professional query, just need your inputs so that everything goes well. Please help
Dr J C Vashista
(Expert) 07 May 2016
Discuss with a local senior lawyer with all documents.
