Power of Attorney Holder


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 ?

V. Krishnan
 
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Sir,


Yes, A could proceed and he can file civil suit to recover the money.


Cri. Complain i.e. Nego cant file b'se B is no more.


Advocate Pandya(98985-98184)

 
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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

 
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Govt..Employee

Yes. As can be seen from your  question, since the POA is for sale of the property, A can file a case for the money from the lrs.

 
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Legal Expert

i agree with Gaurav Pandya

 
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urologist &legal studies

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

 
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Hellow Mr.Do not matter does not matter,


Kindly go through my querry carefully. It is the power of attorney holder B who is dead and not the Principal A.

 
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