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Shuaib Ahmed (xyz)     01 October 2013

Can an spa holder sell property without owner's consent?

Hello Advisors!

I have named SPA in favor of a person, few months back. But, I want it back from him, and he isn't in a mood to give it back to me. Presently, I am taking decisions regarding dealings related to my properties and this man is creating problems, by approaching people and claiming loans on behalf of my property, declaring himself as the owner. The question is, is he eligible to enter into agreements with dealers without owner's consent? If I enter into agreements with anybody, is he eligible to interrupt and create problems?

Thank you for your precious time!



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     01 October 2013

he can act on the basis of SPA. If you want take it back, you will have to make paper publication revoking the SPA and you will have to send the copy of the same to SPA holder.

Shuaib Ahmed (xyz)     01 October 2013

Thank you for you reply!

I want to know, how much will it cost to go through revocation process. Shall I approach a lawyer for this? Should I take orders from a court or just a publication and notice to him is enough? Also, the SPA he is holding is not registered.

VIRAJ KADAM (Advocate Supreme Court of India)     01 October 2013

Dear Friend

You have to cancel the SPA and then give public notice. Make a point that you keep the property in your possession.

Regards

VIRAJ KADAM

Advocate, Supreme Court of India


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