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Validity of registered poa for a immovable property coupled with consider unilaterally canceled

(Querist) 14 February 2016 This query is : Resolved 
Sir
My query is that whether Registered POA of 2004 for a immovable property coupled with sale consideration for which a separate receipt is also issued of even date and an unregistered agreement to sale is also entered into along with affidavit of the executer of POA that the POA is irrevocable is valid ?

if executant cancel the POA unilaterally in 2013 by registering cancellation deed in the off of sub registrar.
If yes can a valid sale deed can be executed by the POA holder without seeking any declaration from court that such cancellation is null and void.

If you know any case law where such sale deed was held to be valid please share that also.
regds to all experts
Regards.
Surrender K Singal (Expert) 14 February 2016
POA should have been used to execute sale deed before 2013. Malafide can challenged while seeking permanent injunction to hold on possession in lieu of consideration and supporting docs. implying intention of 2004 deal
Rajendra K Goyal (Expert) 15 February 2016
Language of POA / all other related documents need to be referred, show all documents to local lawyer.
CA KAMAL JAIN (Querist) 15 February 2016
Dear Singal ji,

Thanks for your reply , but in many decided case by Delhi High court it was held that GPA coupled with interest (consideration) can not be cancelled unilaterally in view of section 202 of contract act , if at all executer wish to cancel such documents he has to file suit for cancellation with in period of limitation.
In our case registered POA , agreement to sell showing receiving of consideration , receipt of consideration , possession letter , affidavit that all documents are binding for ever and are irrevocable are of year 2004 and till date no suit for cancellation has been filed and so hopelessly time barred.
Now what is malafide ? if we execute a registered sale deed to remove the defect of unregistered agreement to sell in view of Delhi Registration amendment 2001.

Mt query is again same that in view of decided cases and sec 202 of contact act whether that sale deed will be valid.No doubt second party will raise hue and cry and will call it malafide but what law will say will prevail?

Dear Goyal ji the dcouments language is clear and is same as of sale deed with possession and POA gives all rights which a registered owner enjoys.

regards


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