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Rakeshh Gawale   13 December 2022

Validity of power of attorney.

Respected Advocates,

Please help in the below scenario.

Is the sale valid?

 

General Irrevocable Power of Attorney registered on 2004

Kamptee, Nagpur, Maharashtra

Total land: 3.81 Hectares 

4 Principles: Mr. A, Mrs. B, Mr. C, and Mr. D

Agent: Mr. E

Mr. A: 0; Mrs. B: 29 R; Mr. C: 1.81 H; Mr. D: 1.81 H

Hence, property is divisible.

Principle A, and B died in 2008.

Principle C, and D did not cancel the PoA.

Agent Mr. E sold 12 R land to Mr. X from Principle Mr. C's 1.81 H piece of land on 2012.

Is the sale valid?



Learning

 4 Replies

Advocate Bhartesh goyal (advocate)     13 December 2022

Since  Mr.C ( principle ) is alive and he did not cancel his poa to sell land and land was sold from the share of C so sale is perfectly valid.

1 Like

Rakeshh Gawale   13 December 2022

Thanks for your reply. Can you please let me know which act/section to refer for this clause?

 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     13 December 2022

A PoA has to be registered at the Sub-Registrar's Office to get a legal validity. Another important thing to note here is that a PoA remains valid only till the life of the principal.

Rakeshh Gawale   13 December 2022

Yes, it's registered at the sub registrar.

There were 4 Principals out of which 2 died and 2 are still alive.

The land sold by the agent was from one of the alive Principals part.


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