biswajit majhi (OFFICE ASSISTANT) 15 February 2015

Problem for power of attorney

I have given a power of attorney to a known person to sell a land. The power of attorney holder has taken some advances from some intended purchasers which have no knowledge to me. But he has not paid me any amount to me. He never produce me any documents or tell me from whom he has taken any amount of money or not. Now, I cannot trace him out. The intended purchaser are harassing me for act of power of attorney holder. Meanwhile I have cancelled the power of attorney for his negligence & non-execution of his act.

I request to all of you to suggest me what to do and how can I solve the problem ?

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2 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 17 February 2015

You have to honour the commitments of your POA holder during the period the POA was valid unless you can show that his actions were outside the terms of POA. You can take separate criminal action against your erstwhile POA holder.

T. Kalaiselvan, Advocate (Advocate) 18 February 2015

You have to honor the commitments made by your agent to the prospective purchasers on your behalf on the basis of powers given to him by your through the said deed. Now since you have cancelled the power given to him, you may issue a legal demand notice asking him to return the amount received by him from the buyers on your behalf within certain time frame you may fix, if he is not responding, you may file money recover suit against him in a civil court or lodge a police complaint for cheating offences.