Dear friends, A appoints B as his lawful attorney to sell his piece of property by a registered power of attorney deed. B in the capacity of attorney sells the land to C, the purchaser. C pays the entire consideration amount to B and the sale deed in favour of C is registered. B, the attorney issues a cheque to A being the sale price of the land. The cheque gets dishonoured. Before A could proceed with an action against B, B dies. Is it possible for A to file a suit against the legal heirs of the deceased power of attorney holder B ?
i haven't come cross this type of case, if there was a clause in the POA that the Attorney can receive sale considaration, issue receipts to execute sale agreement/ deed, then executant A can go against the LR's of B for recovery of money
Because under the rules framed by our HighCourt,it is only an agent who isthe donee of power of attorney that can perform any actsor make any proceedings in courts on bebalf of his principle.(western india theatresvs IsharbhaiAIR 1959Bom386)with such legal position suit for recovery can be filed against legal hairs.drscpratihar