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Amit Jaggi (Asst Manager - Sales)     20 September 2010

Notary agreemnt

Summary :-

1. Agreement made in 1995 signed by seller (A B C) and buyer (D). 

2. Agreement not registered in court, but Notary.

3. For similar transaction, Power of attorney made and registered in a UP court giving selling rights to D.

4. Now A & B died.

Queries :-

1. Can the Notary agreement be challenged in Court by C or legal heirs of A & B ?

2. Can Power of Attoney be changed without D permission ?

3. What is the share of D in the property now ?

4. Can D sell the property without consent of C ? 


 3 Replies

M. A. Khan (advocate)     20 September 2010

Yes Agreement can be challanged in court.  Notaristation is not required to agreement.  No permission is required from D to cancell of POA.  the donor of POA can cancell and revoke the same, by giving public notice in two news papers.  The original power of attorney appears to be signed by A B, who are no more, cannot be changed now.  However, it can be revoked by third donor C.  Simple agreement does not give any rights in the property to D. He can simply go to court seeking performance of agreement.

sanjeev gupta (Advocate)     24 September 2010

Dear Sir,

If your property in Delhi, before September 2001, Notary Agrement is valid document, because it is not complusary. When A, B and C already sold their property jointlt to D and already thay have recevied a consideration amount against thier property from D. they cannot revoke the Agreemnt to Sell and by virtue of that Agreement to Sell D can transfer the whole or part of the property without consent of the C or legal heirs of A and B.

for any further calrification you can contact me at 9811154597 or can write me at

With Regards

Sanjeev Gupta


Amit Jaggi (Asst Manager - Sales)     26 September 2010

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 ?




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