Civil Procedure Code (CPC)

power of Atterney

This query is : Resolved 
 

(Querist)
27 September 2010

i have purchased property 14.03.2008 for Rs.44.00 lacs and gave a power of atterney to x for promote and develop. X has made flat sold entire property 31.10.2009 and never informed and settled 100% my payments.9th may 2010 settled 60% payment.
After searching of records X has lot of violation in the building plan. Shall i give 15 days notice to Vendor, Agent, Builder. I don't want to accused in violation in construction building and shall cancel power attnery and Shall proceed case against X in court for collecting dues.


Shashikant V. PatilOnline (Expert)
27 September 2010

Give a legal notice through a Advocate to your POA holder to act him as per your terms executed in the POA. And if he is not replying then give public notice, for revocation and terminating all dealings and make public aware about his violations done by him in a illegal manner. Prosecute him in a criminal court for your dues and compensation.

M.Sheik Mohammed AliOnline (Expert)
27 September 2010

you can file a complaint to consumer court for deficiency service and criminal suit also

Chanchal Nag Chowdhury (Expert)
27 September 2010

If the entire property has been developed & sold, what remains? U can only file suit for recovery of any money that may be due to U.

s.subramanian (Expert)
27 September 2010

I agree with Mr.Chanchal.

R.Ramachandran (Expert)
27 September 2010

Dear Mr. Chancal,
It is not only about recovering the balance amount due to him as suggested by you, but also about the action to be taken against the Agent for the building plan violations committed by him.
As all of us know, once an agent is appointed then whatever that agent does would be deemed to have been done by the principal himself. However, the principal would be bound by the actions of the agent only if he was doing lawful things and deeds. In this case, the Agent has acted beyond the power - i.e. he has violated the sanctioned plan. No power of attorney would ever say do things in violation of .... Therefore, in order to protect himself from any penal consequences, he has to take action against his agent for committing violation of the sanctioned plan.

M/s. Y-not legal services (Expert)
03 October 2010

I agree with mr.chancel.. See friend if you give power of attorney mean you giving all rights to that power of attorney holder.. Its depends upon the contents of your power of attorney agreement. If you give all rights on your property mean you can sue for collect the balance sale amount.. You can't do anything else against the P.O.A holder



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