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Document executed under wrong power of attorney

(Querist) 20 June 2014 This query is : Resolved 
Dear Friends,

I have purchased a flat from one of the builders in Mumbai. The agreement for sale on behalf of the builder (Prorietory Concern) was executed by his constituted attorney and a copy of the same was annexed to the agreement. Subsequently when I applied for bank loan to pay the balance consideration, the bankers realized that the power by which the constituted attorney has executed the agreement is incorrect as the Executants father was the proprietor and not the executant. Further now the executants father who was the proprietor of the builder firm has expired.



The bankers are not willing to advance the loan unless the transaction is legally corrected.

How the same can be achieved?

Please advise.
T. Kalaiselvan, Advocate Online (Expert) 24 June 2014
Under whose control is the proprietary concern now? the builder is the proprietor so he can very well execute the sale agreement now also, have you approached him, what was his opinion/remark? The builder has to properly execute the sale agreement or else it will not be held as valid, consult a local lawyer, take his opinion and proceed.
Guest (Expert) 10 December 2014
Well Advised
Anirudh (Expert) 10 December 2014
SHAME ON THIS FELLOW TO ATTEND THIS FIVE MONTHS OLD QUERY.

HE IS TRYING ALL THESE GIMMICS TO HIDE HIS FALSE AND FRADULENT PROFILE.

This fellow cannot even be a last person one can consult for any advice.

This fellow is good for nothing. Many a times he gives advices which are not supported by law.

TAKE THIS FELLOWS FALSITY IN HIS PROFILE. THIS FELLOW ATTACHES MORE IMPORTANCE TO THE PROFILE, WHILE HE IS FILLING UP TOTAL FALSE HOOD IN HIS PROFILE.

please visit the following link:

http://www.lawyersclubindia.com/lawyers_search/N-J-S-Rajkumar-alias-narasimha-254519.asp#.VIcRwmeHPFx

where he claims that he is practising from 2001, while as already indicated by me, he was enrolled only in the year 2012!!! CAN ANYBODY PRACTICE BEFORE ENROLMENT? IF ONE DOES SUCH A PRACTICE IS HE NOT FIT TO BE CALLED A "FRAUD"?

N.J.S.Rajkumar alias narasimha's Details
Listed Under
Business Law
Civil Law
Criminal Law
Practicing Since
2001
Specialization
SEBI and SEBI RELATED CASES
Court
Others
Address
54,PARASURAMA EASWARAN KOIL WEST MADA STREET,AYANAVARAM,CHENNAI 600023
Other Details
rajkumar_wins@rediffmail.com 9444036927

Therefore, before taking advice, the querist should be too careful


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