Power of Attorny & Agreement to sale

Adv. Santosh Mahanor (Querist) 04 August 2009 This query is : Resolved
Friends,

One of my client had purchased house on power of Attorney & agreement to sale, POA & Agreement to sale was made & executed before notary public,that time real owner had not given the possession. after some months the real owner has sold the said property to somebody else along with registered document
now what is the remedy available to my client ?.

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sanjeev murthy desai (Expert) 04 August 2009
Dear Santhosh Kumar.

Power of Attorney and Agreement of sell are not the title documents. File specific performance case against him and also claim for compensation.

sanjeev desai

Advocate SK Rohilla New Delhi (Expert) 04 August 2009
Dear Santosh

The registration in favour of subsequent buyer will prevail over POA and ATS doc and he is true owner in legal sense.

If your client is in possession of property than file a suit for specific performance of agreement and injunction suit for protection of possession.

If your client is not in possession of property than file a Recovery suit and criminal complaint under section 420/406 IPC.

Y V Vishweshwar Rao (Expert) 04 August 2009
I do agree with both lrd friends opinions

Adv. Santosh Mahanor (Querist) 05 August 2009
Thank you very much for your quick & valuable reply.

G. ARAVINTHAN (Expert) 11 August 2009
Better to file a Suit for specific performance to execute a sale agreement. Better to include the subsequent purchaser as a defendant

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