Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ROHIT (Nil)     05 January 2020

Regarding a power of attorney given during a status quo

My grandfather had 3 sons and when he was alive he made a registered will in which he mentioned their share and wrote that his sons will only have life interest in the property and the share they have been given but cant sell it ..After their death the grandsons will be the owners of their 1/3 share and if any one of the share holder wants to sell his share he will ask his other two co share holders & if they can buy he has to sell them if not he can sell it to a third person.A case in the district court in UP is still going on which was filed by one of the co shareholders restraining the other 2 share holders to sell it to anyone else .A status quo order keeps on extending on every date till now. In between 2/3 of the shareholders( grandsons) are also dead and I am the only grandson left .My cousion brother LRs have impleaded themselves in the case. In 2006 I gave a registered power of attorney to a third person giving him the rights to sell my share in parts or as a whole .I also gave him a notarized agreement to sale.Another suit was filed by my cousion brothers against that third man and stay order also taken against him.I cancelled the power of attorney in May 2019.

My question is ..Can that third party whom i gave the power of attorney sell my land to anyone else even though the case was pending in court and a status Quo imposed by the court ? will it hold any legal status ? can it be challenged ? 



Learning

 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     05 January 2020

Dear sir,

If third person sells the property on the basis of power of attorney it will not be valid sale. You can challenge the sale in court.

Regards,

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     05 January 2020

1. Selling a Property which is subject matter in Court and is Sub-Judice (for any reasons), by ANYBODY (even a POA holder) would constitute prosecutable criminal offences of Fraud, Intimidation, Breach of Trust, Cheating etc.... on the POA-maker and the POA-holder.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register