Inbaraj 02 October 2023

Two power of attroney of same property

Hello Everyone

Please help need to clarify the whose transactions is valid on the below property sold through POA ?

A person execute two powers of attorney for executing sale deed for the same property . First one executed in 1982 to peron B and second one executed in the year 1983 to person C . Whereas Person C sold land to person D in the same year 1983.

Both POA exist and not cancelled.

Whereas Person A died in the year 2000. From the above scenario

Can one person give POA of same land to 2 different person ? Which POA is valid in this case ?

is the sale deed executed by person C valid ?

Currenly legal heirs of Person A still in possesion of that property , Can legal heirs of Person A has right to claim the property ?

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T. Kalaiselvan, Advocate (Advocate) 03 October 2023

The POA given to person B was not acted upon by him, however the POA given to C, even though witout cancelling the earlier POA deed, was acted upon by the power agent and he sold the property on the basis of the power deed given to him.This sale was not challenged either by the principal or the previous power agent.

Subsequent to the death of the principal the POA deeds given to both stands cancelled

The property was sold on the basis of the POA deed, hence the legal heirs of the principal cannot claim any rights over the property already sold during the lifetime of the principal

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