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Discussion > Civil Law > Litigation > PoA & incomplete title   Unanswered Threads Post New Topic

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Vijay Kumar


Advocate
[ Scorecard : 1053]
PRO CHAT CALL
Posted On 20 August 2008 at 00:29 Report Abuse

The vendor represented to be holding Power of attorney of his mother and executed the agreement to sell 19 marlas of his mother's land.  The vendee relied on his word and  did not even check the PoA.The vendee wants to file a suit for specific performance of contract.

1) whether he is required to prove the PoA which authorised the vendor son to execute the agreement?

2) Now it has been revealed that the mother had the title of only 9 marlas.What is the remedy?

3) The attesting witness is the one advocate only and no other. It has not been scribed by a licensed document writer. What will be the effect on its authenticity?



Rama chary cell no:9989324294


email ID:ramachary64@gmail.com
[ Scorecard : 4028]
PRO CHAT CALL
Posted On 20 August 2008 at 16:27

An instrument creating a power of attorney, its execution being verified by affidavit, statutory declaration or other sufficient evidence may, with the affidavit or declaration, if any, be deposited in the High Court or District Court within  the local limits of whose jurisdiction the instruemt may be.


GOPI KRISHNA


ADVOCATE
[ Scorecard : 772]
PRO CHAT CALL
Posted On 20 August 2008 at 17:01

the agreement is valid only for 9 marlas and POA holds good for 9 marlas


you can file suit for misrepresentation and defective title, suit for specific performence may not be appropriate as the title itself is defective   





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