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Kumar (Lawyer)     11 September 2010

ILLEGAL PERFORMANCE BY POWER AGENT

I have executed a GPA to a person on 03/07/2010. Based on GPA he has executed a registered sale agreement with a buyer on 13/07/2010. Meantime I have cancelled the GPA on 18/08/2010 and informed agent not to deal with the property. Even after canellation of GPA on 18/08/2010 my ex agent executed sale deed on 02/09/2010 as per the earlier sale agreement 13/07/2010.

Please note that my agent has got GPA while executing sale agreement but my agent has no GPA while executing sale deed. I have not hand over the possession to anybody and the property is still in my possession. Please let me know whether this sale deed is valid or not and how I can protect my property.



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 4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     12 September 2010

offcourse the sale-deed is illegal and nonest before eyes of law but you are bound by the agreement for sale. You shall have to follow it.

Kumar (Lawyer)     13 September 2010

Dear Raj Kumar,

Please explain your views in detail as I am preparing to file a civil suit by paying a huge court fees.

Thansk and Regards,

Kumar

Vinoba (Advocate)     13 September 2010

Hello,

The sale deed executed by your power agent is nonest in the eye of law.  But still you are bound by the agreement for sale executed by your agent prior to cancellation of POA.  Your query is ambiguous as to whether you have brought the cancellation of POA to the knowledge of the concerned Registration Department.  Had you done that then you can make the Registration department also a party to the suit.  Probably you can get the relief's of i) Declaring the sale deed executed by you agent as nonest, and void on the ground of fraud being played on you and for permanent injunction to maintain your possession.

L. Vinoba,

Advocate,

Pondicherry.

vinod bansal (lawyer)     14 September 2010

R/All

On the date of execution of sale agreement ,agent (GPA Holder) was authorised to do anything on behalf of owner,and when he executed sale agreement and further agreed to execute a sale deed  on 18/8/10 and he executed it as per agreement which was executed on 13/07/10 and on that date GPA Holder was fully authorised to do anything than how this sale deed is illegal,kindly explain.Regards


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