power of atorny limitation

Querist : Anonymous (Querist) 15 October 2010 This query is : Resolved
CONSIDER X AS THE PROPERTY OWNER.BECAUSE OF SOME FINANCIAL CRUNCH X HAS EXECUTED THE POWER OF ATORNEY TO Y AND TAKEN LOAN OF 10LACS FROM Y.AFTER ONE MONTH MR Y MAKES AN AGREEMENT WITH Z WHO IS HIS WIFE AND WITNESSING HIS TWO CHILDREN IN REGISTERED OFFICE AND REGISTERED THE DEED.AFTER ANOTHER MONTH WHEN I WAS IN OUT OF STATION MR Y HAS EXECUTED A SALE DEED IN BEHALF OF HIS WIFE Z. NOW THEY R DEMANDING 30LACS WITH ME TO RETURN THE PROPERTY. SO PLS ADVICE ME HOW TO COME OUT OF THE SITUATION .

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Arun Kumar Bhagat (Expert) 15 October 2010
Your question is not clear.

Khaleel Ahmed (Expert) 15 October 2010
Executing the power of attorney in favor of Y means X has given all rights of ferry and fishery over the property to Y.Y made registered agreement infavor of his wife in wittnesses of their children.It was a valid agreement. The demand of 30 lacs are not related to these transactions invalid.Had X cancelled the GPA before Y executed the agreement, the agreement will be held void.

ashish lal (Expert) 15 October 2010
The sale transaction is valid

Kirti Kar Tripathi (Expert) 16 October 2010
i agree with Khalil. The power of attorney is valid till it is expressively revoked, therefore any transaction made on the basis of said power is legal, if it is made during the period of its operation.

DEFENSE ADVOCATE.-firmaction@g (Expert) 16 October 2010
But how such transactions happened in such a short span of time.

niranjan (Expert) 16 October 2010
If you have given the POA for sale,only then this agreement could be valid. Secondly, the consideration that Mr. Y received for sale of the property have tobe given to Mr. X.Thirdly, if the property is sold in very meagre amount,Mr. Y can be said to have acted in negligent manner and he can be sued for damages.Howeever depends on the language of the POA.

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