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Goutam (Student)     26 September 2010

Agreement to sell

1. My elder brother executed a power of the attorney for aparticular property in favour of me. In which it is specially mentioned that the person in favour of which the power of attorney has been executed (He can sell that property or register that property in favour of his name).

2.During the lifetime of my elder brother i have made an agreement to sell that property in favour of my son.

3. After 15 days of making an agreement to sell of that particular property my elder brother has dead, expierd.

4. According to law there is no value of that power of attorney which is executed by the deceased elder brother.

5. ( I have made an agreement to sell the property because the registration process is closed by the govt. till now for that area.)

Plz tell me that:-

1.The neccesity of the legal heirs of my elder brother is must for the extending of the time period of the agreement to sale which is earlier done by me.

2. whether i alone be able to extend the time period for agreement to sell.

3.Inform or send notice to the legal heirs of my elder brother regarding this deed is essential or not.

4.The time period will be extended only in the presence of the legal heirs and only by their signature or by giving their statement that they have not any objection regarding this agreement to sell.



Learning

 4 Replies

N.K.Assumi (Advocate)     27 September 2010

On the death of the Donor of  POA the POA automatically cancelled and your personal laws will governed the devolution of your brother's property.

Sudhanshu (Law Practice)     27 September 2010

Unless registration opens by the Government, sale deed cannot be executed. The legal heirs are bound by the agreement to sell, even though the same has been executed by the Power of attorney, but the fact remains that the power of attorney ceases at the time of its executant and also the property would first devolve upon the legal heirs of the deceased, then only the agreement can be enforced. The time for execution of sale deed on the basis of agreement to sell can be extended by mutual consent.If no consent is given by heirs then suit is required to be filed within 3 years i.e. the period of limitation.

Shiva Kant Dixit (Advicate)     27 September 2010

I agree with Sudhansu.

Goutam (Student)     27 September 2010

Dear Sadhanshu

But the fact remains that the power of attorney ceases at the time of its executant.

Plz tell me in this line what its stand for.... 


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