power of attorney

Querist : Anonymous (Querist) 17 March 2011 This query is : Resolved
We gave a power of attorney to sell our land and subsequently after 6 maonths cancelled it.
we gave a xerox copy of the cancellation registration document to the power of attorney agent and got his acknowledgement.However the copy was destroyed alogwith some other documents, thereby resulting we do not have proof of intimation to the POA agent. AFter cancellation of POA, the POA agent sold the property. When I approached a lawer he insists that the lack of acknowledgement is a minus point for the case.
However I have certain documents to show that the POA agent and the buyer knew about the cancellation.
Now is it mandatory to have his acknowledgement or is it enough if we can substantiate with documents that the POA agent and the present buyer had the knowledge about the cancellation at the time of sale. Kindly advise to my mail vwxyz2010@rediffmail.com

Follow Query

Report Abuse

M.Sheik Mohammed Ali (Expert) 17 March 2011
as per law needed primary evidence, so in your case its must need for primary evidence, you can try to register office taking duplicate copy of POA

Parveen Kr. Aggarwal (Expert) 17 March 2011
It is not required under any provision of law that acknowledgement of cancellation must in any particular form. If you can prove that the agent under the POA was aware of its cancellation that will be sufficient. In case you are able to prove that the purchaser was also aware of it, he cannot claim to be bona fide purchaser for consideration without notice.

Jitendar Kumar gupta (Expert) 18 March 2011
It is a forgery committed by your agent. you have a strong case. If you wants more information/ advice please call at 9868529732

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now