Krishnan Venkatachalam (Legal professional) 27 August 2008
Mr. Gaurav Pandya (Advocacy ) 28 August 2008
Yes, A could proceed and he can file civil suit to recover the money.
Cri. Complain i.e. Nego cant file b'se B is no more.
GOPI KRISHNA (ADVOCATE) 28 August 2008
i haven't come cross this type of case, if there was a clause in the POA that the Attorney can receive sale considaration, issue receipts to execute sale agreement/ deed, then executant A can go against the LR's of B for recovery of money
Murali Krishna (Govt..Employee) 28 August 2008
Yes. As can be seen from your question, since the POA is for sale of the property, A can file a case for the money from the lrs.
prof s c pratihar ( urologist &legal studies) 06 September 2008
Because under the rules framed by our HighCourt,it is only an agent who isthe donee of power of attorney that can perform any actsor make any proceedings in courts on bebalf of his principle.(western india theatresvs IsharbhaiAIR 1959Bom386)with such legal position suit for recovery can be filed against legal hairs.drscpratihar
Krishnan Venkatachalam (Legal professional) 09 September 2008
Hellow Mr.Do not matter does not matter,
Kindly go through my querry carefully. It is the power of attorney holder B who is dead and not the Principal A.