QUERY - URGENT
M. PIRAVI PERUMAL
(Querist) 28 May 2009
This query is : Resolved
One Mr. X got a registered power deed executed in his favour from a land owner (instead of sale deed as he intends to sell the same to another person) and paid the entire sale consideration and had obtained a receipt from the land owner. The land owner has cancelled the power deed without the knowledge of Mr. X and inspite of receiving the entire sale consideration.
Now what Mr. X to do ? Mr. X want the land. Kindly advise
Khaleel Ahmed
(Expert) 28 May 2009
Dear Mr Poravo {eri,am
You have not mentioned about the delivery of pocession of the land.
If the subject matter of the land is in pocession of Mr. X . Mr. X should issue a legal notice to his vendor asking him to execute a registered deed in his favour.If the vendor denied to do so. Mr. X can file a suit against vendor seeking such relief.
The power of attorney can be cancelled at any time.
SANJAY DIXIT
(Expert) 28 May 2009
Dear PIRAVI PERUMAL. M ,
Instead of replying the querries you have started asking the querries.
[Take it easy - just joking]
SANJAY DIXIT
(Expert) 28 May 2009
There was no agreement between the two for sale of property.
If the land is in possession with Mr X , then I agree with the views made by Mr Ahmed otherwise a recovery suit may be filed for realisation of amount.
Y V Vishweshwar Rao
(Expert) 28 May 2009
The Sale agreeemtn is not there -The Recipt for payment of entire Sale Cosnideration is there
The GPA is there to sell the property , but it is cancelled
There is no purpose for Receitp for entire sale cosnideation , unless there is Agreeemtn to sell . Therefore there is implied agreeemtn for sale
It is to be pleaded and proved that there was agreement fo sale , but GPA was executed to facilitate the purchaser empowering him to sell the proerty to some others under the GPA , that the GPA not to be cancelled, having receied the entire sale consideration.
As mentieodn in the query that the transaction was sale agreement , but GPA is executed and cancelled
In my view a suit can be filed for Specific Performance on the Transaction and if possession is delieverd injunction can also be prayed for ,
and
In the alternativley return of amount and damages can be claimed . However thee is no written sale agreement . Implied agreement for Sale only .The Terms of the GPA and Sale Consideation Receipt to be verified !
RAKHI BUDHIRAJA ADVOCATE
(Expert) 29 May 2009
Dear Dixit Sir,
There is no doubt that Mr. Prumal is very intelligent but he is also human being & as per law of nature no one is perfect in this world n if the person who is palying a big role in replying the queries of people, has also right to make any query if he/she is not aware about that.
M. PIRAVI PERUMAL
(Querist) 29 May 2009
If I am not aware of LCI or not a member of LCI then I would have satisfied myself with the conclusion I arrive at. But, when I have lot of LCI good friends/experts like your goodselves, I want to get your opinions, since there might be really some innovative/radical opinions, which I might not have and that opnion/suggestions might be handy and useful not only for me but also to the litigant public to whom we serve. I am learning a lot now-a-days through LCI, updating myself by going through divergent views, discussion, articles etc. All the credit goes to LCI and its members. THANK YOU LCI.
SANJAY DIXIT
(Expert) 30 May 2009
I appreciate your thoughts dear Perumal and also your hard work in LCI.
GO AHEAD with more energy.
Best regards...
Sanjay Dixit Adv.
