2 POAs and a Sale without the Original Sale Deed- is it valid?
Querist :
Anonymous
(Querist) 26 October 2010
This query is : Resolved
When a person has given two people each a Power of Attorney for the Sale of his same property without the knowledge of the first POA holder(that he has also given a POA to another person for the same property, later on,) what is the locus standi of a sale concluded by the second POA holder without the knowledge of the first POA holder.
The Original title-deeds of the property are with the First POA holder. This was because there was an understanding between the Owner of the property and the First POA holder to share among themselves the Sale Proceeds. But later the Seller without the knowledge of the First POA holder gave another POA to a second person and a Sale was carried out using either a fake Title Deed or a duplicate one. Now if the First POA holder having the Original Title-Deeds and a POA goes ahead with a Sale will it be valid and what is the position of the Sale executed by the Second POA holder?
Querist :
Anonymous
(Querist) 26 October 2010
The SECOND Paragraph is new and important,vital to the issue Sir.Kindly go through that also please.
s.subramanian
(Expert) 30 October 2010
As I have already advised,the first PoA has been impliedly revoked . Original title deeds not absolutely necessary for selling. Just because the original deed is with the first POA,he cannot sell the property. If he does so,he can be prosecuted under Sec.420 IPC.
