Agreement to sell is sufficient to make owner or not
amitagrawal
(Querist) 20 June 2013
This query is : Resolved
Suppose x made and power of attorney to mr y on 1st july 1991 which is coupled with interest.now x cancells this on ist luly 1999 and sells 50 percent of the house himselff to mr A by making an agreement to sell on 10th august 1998.and then execute the registry on 1st dec 1998.after that a case is filed by mr Y in civil court for restoration of powerof attorney and decalaring himself to be the owner of taht house. Court accepts the plea and makes him owner but with condition that any agreement , sale deed entered by mr X after 1st sept 1998 will be voide becasue after that cutoff date the power of attorney is irrevocable.now 50 percent of house is already sold before that cutoff datd but registry is after the cutoff date.whether mr A is now owner of that 50 percent or not.
Tarun Thakur
(Expert) 20 June 2013
Here A is not lega owner of the property.
Your proposition is
1.07.1991 X executes POA in favour of Y
10.08.1998 X enters agreement with A
sales 50 % share
1.12.1998 executes registry in favour A
1.07.1999 x cancels POA
X files civil suit and court decree it with relief sale deed entered after 1 sept 1998 will be void
The sale will still be void as POA was irrevocable and X was in knowledge of that fact. He has no right to sale the house in question. Regarding the rights of A, he has to prove that he is bonafide purchaser and was not in knowledge of any POA in favour of Y or any other person
amitagrawal
(Querist) 20 June 2013
but court said this rule of irrevocable POA came on 1.9.98.before that it was revocable.and that's why he entered in agreement to sell before this cutoff date.
V R SHROFF
(Expert) 20 June 2013
Irrevocable POA with interest[means consideration paid ]cannot be cancelled except by Court Order.
So all act of attorney [sale deed] is binding on X.
amitagrawal
(Querist) 20 June 2013
here while giving power of attorney there was no such consideration was paid except rs 11000 as advance.why court has fixed 1.9.98 as cut off date.did some amendment came on that date.
Raj Kumar Makkad
(Expert) 22 June 2013
An amendment was notified in the act on that day.
