Power of Attorney vs Agreement to Sell
ashish lal
(Querist) 30 September 2010
This query is : Resolved
There is property X situated in Delhi. About 7 years ago the seller/owner entered into registered Agreement to Sell with Wife(Muslim)for which consideration was paid. After this he gave registered power of Attorney of the X to the Husband (Muslim)in which wife is one of the witness and in this also details about consideration was mentioned. Now Husband has given talaq to Wife. Both Husband and Wife are claiming to be owner of the property. Who is the owner, Husband or Wife?
Basavaraj
(Expert) 30 September 2010
pls refer Mohmad, law
Khaleel Ahmed Mohammed
(Expert) 30 September 2010
The Muslim husband is the owner of the X property, as the power of attorney executed by the seller in presence of her.She has wittness the same.
Pronouncement of talaq is not related to the property concerned.
Rajeev kulshreshtha
(Expert) 30 September 2010
On execution of Power of attorney the title does not transfer.The actual owner is still seller and if there is any dispute than wife can file suit for specific performance against seller and POA holder.
ashish lal
(Querist) 30 September 2010
But Agreement to sale has to be enforced within 3 yrs.
Rajeev kulshreshtha
(Expert) 01 October 2010
The limitation is three year from the date fixed for execution of sale deed if there is no date fixed you can file it after giving notice.The time is not essence of contract.In view of Apex court judgment if there is fixed date in agreement and time was spent with conduct of parties than it will also consider .
