PoA & incomplete title

Advocate

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?

 
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Lawyer in Hyderabad.Email:ramachary64@gmail.com

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.

 
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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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