Pramod D. Pawar (Pune) 03 February 2010
If a Land Owner executed a Power of Attorney in favour of Builder and thereafter some time he expired.
1) If the said Power of Attorney executed along with the Development Agreement and all the consideration paid to the land owner. what is status of the Power of Attorney?...... what is the position of the Builder? whether he transfer the said land to the another person or not?
2) If the Power of attorney is executed without any consideration then what?
R.R. KRISHNAA (Legal Manager) 03 February 2010
As the Principal (land owner) is expired, the POA is invalid and any transfer of property done thereafter is also invalid. Builder ceases to possess any rights over the property.
The remedy for the builder is to approach the legal heirs of the land owner and obtain fresh POA from them and also execute a fresh development agreement.
Deekshitulu.V.S.R (B.Sc, B.L) 04 February 2010
Mr Krishnaa is right and if the same is a development agreement cum GPA. It is advised that fresh agreement is to be obtained from the L.Rs of the original owner
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