GPA to defend the civil litigation.

Querist : Anonymous (Querist) 30 June 2010 This query is : Resolved
“A” (landowner) has received total sale consideration from “B” (purchaser) in the year July,1995 and executed an un-registered “Agreement of sale” for a landed property. Since the said land is in dispute before the Government (Urban Land Ceiling Authority) with regard to surplus land and hence “A” has given oral assurance to “B” and agreed to register a Sale Deed, only after clearance from the government side and thus “B” has waited for all these days. Now the Government has recently cleared the said land.

Now “B” approached and requested “A” to register the sale deed in his favour. But “A” is refused to register the same on the ground that the land value is hiked. “B” is now in abroad and whereas “C” is in India. Now “B” want to give a General Power of Attorney to “C” to pursue the said dealing ie., for filing a civil suit etc. works, if necessary.

In this, if “C” wants to pursue the case, what documents he needs from “B” and how such documents are legally bound on “C”, in case if “A” challenges. Pls. clarify.

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Devajyoti Barman (Expert) 30 June 2010
A duly attested power of attorney attested by the Indian Consulate there is enough authority to empower the attorney to initiate the case.However at the time of evidence the actual purchaser will have to appear before the court.