A client needs certain clarifications.
As per facts of the case, 'A' is Principal. He authorises B to sell his landed property and executed a power of attorney deed in his favour. Agent B paid the sale consideration in full to the Principal A and obtained a receipt from him to that effect. Thus it is an agency coupled with interest.
Then the Agent B entered into an agreement for sale with C. Since B did not come forward to execute sale deed in his favour, C filed a suit for specific performance. After full trial C obtained the decree. C deposited the balance sale consideration into court even at the time of filing the suit. Agent B was directed to execute and register the sale deed in favour of C, being the decree holder.
Now these were going in usual way, there was a turning point after passing the decree in several aspects
(1) After passing the decree Agent B died.
(2) Alike after passing the decree, the decree holder C also died.
(3) Then the Principal A also died.
In this situation, a client 'D' is interested to purchase the said landed property. He needs the following things to be clarifed.
(1) After passing of the decree, the Agent B has to execute and register the property to C. But here Agent B died and C also died. By the death of Agent B (it may noted that B ded after the decree), will the power be terminated? Here it is pertinent to point out that the agent B already paid the sale consideration in full to his Principal A.
(2) Since the decree holder C died, can his legal representatives execute the sale deed directly to the client D? (Because as per decree it is the agent B has to execute the sale deed to C. But B died. As per normal course of proceedings, if the Judgment debtor fails to execute the sale deed, then the court has to execute the same to the Decree holder)
(3) Can the said specific performance decree be made over to the client 'D'?
(4) If not, in what legal way the client 'D' purchase the landed property, the legal heirs of 'C'?
I hope the experts will help this client by their legal wisdom.
Thanks and Regards.