Power of attorney

Querist : Anonymous (Querist) 27 October 2024 This query is : Resolved
I HAVE GIVEN A REGISTERED POWER OF ATTORNEY TO A CLOSE RELATIVE OF MINE TO SELL A FLAT OF MINE . HE HAS FINALISED IT WITH A BUYER . HE SAYS HE WILL RECEIVE THE SALE PROCEED TO HIMSELF , AND THEREAFTER TRANSFER IT TO MY BANK ACCOUNT . DOES HE HAVE THE RIGHT TO DO SO ? HOW TO RECEIVE THE PAYMENT TO MY ACCOUNT DIRECTLY FROM THE PURCHASER ?

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If you've granted a registered Power of Attorney (POA) to a relative to sell your flat, they can receive the sale proceeds if authorised by the POA deed. If you wish for the payment to go directly to your bank account, this should be stipulated in the sale deed. If you have concerns about your agent's actions, you can jointly cancel the POA with them or unilaterally cancel it by issuing a legal notice and publishing a public notice, followed by informing the sub-registrar.

T. Kalaiselvan, Advocate (Expert) 27 October 2024
If your power agent has been authorized to collect the sale consideration amount on your behalf by the clauses mentioned in the power deed, then he can very well collect it.
If he is refusing to send the money directly to your account,m you can cancel the POA deed.
You can cancel the power of attorney deed by issuing a legal notice to him and get it published as a public notice in a local newspaper effecting the termination of the power of attorney deed given to him.
After that you can issue a legal notice to the sub registrar concerned to not to entertain any transaction pertaining to the property mentioned as schedule of property on the POA deed as your have cancelled the same and enclose a copy of the legal notice as well as the newspaper publication, subsequently you can submit a cancellation deed for registration of the cancellation of the POA deed t the concerned sub registrar, if the deed was executed by a registered document

kavksatyanarayana (Expert) 27 October 2024
You gave the GPA to your close relative with faith in him. The buyer can directly credit the sale price to your account, but it should be mentioned in the sale deed. If you have any doubt about your relative, you and your relative jointly execute a registered cancellation of GPA.

P. Venu (Expert) 28 October 2024
Had you made any promise to the PoA holder as to commission, brokerage etc?

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