is there any remedy?

Querist : Anonymous (Querist) 16 June 2010 This query is : Resolved
"A" through his power agent/brother "C" entered into agreement with "C" to sell the property of "A" as he is in US. The period to execute Sale deed is 6 months. Advance amount 5 Lakhs.

At the end of 5th month, "C" flew to US and the letters sent by "A" to "C" returns as no such addressee.

In the meanwhile, "A" got information that "C" sold the said property to "X" and left away.

What is the remedy for "A"

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Daksh (Expert) 16 June 2010
Dear Anonymous,

A can on the basis of Agreement can approach the court and can get interim injunction against X and C collectively as the agreement was still subsisting and he has a first lien to deal with the property.

Secondly he can forfeit the advance of Rs.5 lakh and move on.

Best regards

Daksh

Raj Kumar Makkad (Expert) 16 June 2010
As the sale was made on the basis of power of attorney meant for sale of his property, A now cannot refuse to get entered registered sale-deed in favour of C. In case A has not received any advance amount from his attorney, then C is not responsible for any lapse and he is entitled for getting the registration of sale-deed.

One thing is unclear how C executed agreement with himself to sale and purchase the property of A with himself?

J K Agrawal (Expert) 16 June 2010
If C sold the property on basis of POA holder of A then A is entitle to sale proceeds from C.

If any fraud is there by C or X the agreement is void and can be declared so by court.

If A executed a sale deed in favor of C but got no full consideration, A can file a suit for recovery balance amount. He can file FIR against C and get quash the agreement by a suit.

So many other relief are also there

Querist : Anonymous (Querist) 16 June 2010
Now both A and C are abroad

Uma parameswaran (Expert) 18 June 2010
In the absence of the parties also you can file both civil and criminal case.

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