Two Power Of Attorneys

Querist : Anonymous (Querist) 23 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.

What I did not add in my query was that 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?

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Khaleel Ahmed Mohammed (Expert) 23 October 2010
The sale by the second POA will be held null and void.

adv. rajeev ( rajoo ) (Expert) 23 October 2010
I do agree with Khaleel Sir,

Advocate. Arunagiri (Expert) 23 October 2010
I disagree with Mr.Khaleel. The sale deed executed by 2nd POA is valid. The dispute arises only when the 1st POA also executes a sale agreement and registers the same after the sale deed was executed by the 2nd POA.

In any case the buyer from the 2nd POA will not get affected, if he registers the sale deed before the sale deed is registered by the 1st POA.

The party who had given money to the 1st POA can recover the money from the Principal by a criminal case.

Devajyoti Barman (Expert) 23 October 2010
Both the POA are valid and the constituted attorney of the second POA can validly sell the property.

s.subramanian (Expert) 24 October 2010
Mr.Arunagiri is right.

Querist : Anonymous (Querist) 25 October 2010
While I thank all of you who have given an answer the true picture must be revealed.What I did not add in my query was that 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?

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