Gpa
navin
(Querist) 13 August 2013
This query is : Resolved
his is an interesting situation faced by my
friend.
A land owner has inherited his land from his father through an
unregistered will. He and his wife and his three sons, daughters and
daughter-in-law (all major) have signed a Power of Attorney in 2001 September
authorizing a real estate agent to sell the land on their behalf. In 2004, the
real estate agents got CMDA approval and sold the land to public(including my
friend) and he signed the sale deed using the POA. Now my friend has received a
lawyer notice from two of the sons of the original landowner who signed the
Power of Attorney stating that since their dad passed away when the sale deed
was signed in 2004, the Power of Attorney is null and void and hence the land
needs to be returned back to them. The two sons who have given the notice have
also signed the Power of Attorney in 2001. They have received money from the
real estate agent when the land got sold to public but the real estate agent is
also dead now and hence no document is available to prove that these two sons
received money from the real estate agent in 2004.
My friend's opinion is
that since these two sons have signed and all others who have signed the POA
except the father are alive, the POA is still valid. Any one knows the legal
opinion on this? Thanks very much.
ajay sethi
(Expert) 13 August 2013
was the power of attorney registered ? check the death certifcate . whether averments made in legal notice are true as to date of sale and death of owner .
as afar as landowner is concerned on his death power of attorney abates . however as far as other legal heirs are concerned they would still be be bound by sale agreement
Rajendra K Goyal
(Expert) 13 August 2013
If the POA was not registered, it is doubt your friend would get relief. Agree with the expert ajay sethi ji.
