Dear Mr. Sanjeev,
Many thanks for your advise. The property is in UP. I wish to elaborate difference in Agreement entered and Power of Attorney (POA) :-
1. In the agreement, ABC inserted a clause that if "D" sells the properly, ABC would get certain share of profit (selling price - amount paid to ABC at the time of agreement).
2. In contrast POA has no such clause mention.
3. ABC made registered wills in favor of D.
Future action :
Now D is willing to perform the agreement i.e. to sell and pay profit to ABC. AB dead. 'C" who is live now claims that he is 33% owner of the property and says D can't sell the property without C permission, although C is party in agreement, made will and gave POA, like AB did.
4. My questions :
4a. Can "C" cancel his share of POA without knowledge of D and again become owner of the property ? If so, can it be legally challenged ?
4b. If D sells property to E in existing arrangement, do legal heirs of AB (dead) entitled to profit ?
4d. how can E be bound to take responsibility of settling the matter with ABC or legal heirs, if there is litigation on the basis of the Agreement for sharing profit.
4e. What is the significance of Registered wills in this case ?