PURCHASE OF PROPERTY FROM REGISTERED POWER OF ATTORNEY HOLDER
R.K.NAIR
(Querist) 08 October 2010
This query is : Resolved
DEAR SIR,
I HAVE PURCHASED A LAND FROM A PERSON HAVING REGISTERED PUWER OF ATTORNEY IN HIS NAME AND ALLOWS HIM TO SELL AND TRANSFER THE PROPERTY ON BEHALF OF THE 3 PRINCIPAL OWNERS.
AS THE LAND WAS UNDER KUL KAYDA NO.43, WE APPLIED TO THE TEHSILDAR FOR SALE PERMISSION AND AFTER WE RECEIVED THE SALE PERMISSION WE WENT AHEAD WITH REGISTERING THE DOCUMENT AND FURTHER, APPLIED WITH THE TALATI FOR INCLUDING THE NAME IN THE 7/12 AND WHICH IS DULY COMPLETED AFTER A NOTICE PERIOD OF 15 DAYS.
NOW, ONE OF THE PRINCIPAL OWNERS HAS SENT US A LEGAL NOTICE SAYING THAT THEY WERE NOT AWARE OF THE TRANSACTION AND HAS NOT RECEIVED THE CONSIDERATION FOR THE SAME AND HAS GIVEN 15 DAYS TIME FOR CANCELLATION OF THE REGISTERED DOCUMENT.
PLS ADVISE WHAT WILL BE THE IMPLICATION IF WE GO AHEAD LEGALLY IF HE FILES A SUIT IN THE COURT.
REGARDS
R.K.NAIR
R.Ramachandran
(Expert) 08 October 2010
Dear Mr. Nair,
According to you, the principal owner has not denied that he had given a GPA authorising a person to act on his behalf and to sell the property. All that he has said is that he was not aware of the transaction and has not received the consideration.
Whether he got information or received consideration etc., is a matter between him and his agent. It has nothing to do with the transaction effected on the basis of the valid GPA. A Registered document cannot be cancelled at his instance, so long as the GPA was valid on the date of the registration.
s.subramanian
(Expert) 08 October 2010
Yes. I endorse the above view.
Sri Vijayan.A
(Expert) 08 October 2010
Yes, Mr. Nair,
You don't worry.
If he has not received the sale consideration, he has to collect it from his agent.
But keep the records of payment with you.
Even without this, he cant do anything.
But you may give mental unrest, for that reason try to keep
KAMARAJ BHARATHY G
(Expert) 10 October 2010
At the time of sale executed by the Power agent, we have to confirm the following the two aspects:
1.The Power of Attorney should be in force and it should not be cancelled by the Principal of the Power deed.
2. The principal of the power deed should be alive at the time of sale executed by his power agent.
In the instant case, the principals of the power deed were alive at the time of sale executed by their power agent. Likewise, the power deed was not concelled and it was in force at the time of sale executed by the power agent.
Hence, the sale executed by the power agent on behalf of the pricipals is valid one. Therefore, Mr. Nair, you need not worry about one of the principals notice. Getting consideration from the agent is internal dispute between the power agent and pricipals of power deed. Your purchase is valid and you have got absolute ownershiip over the property. If you want more clarification, you can touch with me over 09597139184.
ashish lal
(Expert) 10 October 2010
I agree with above view
