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krishnarajpr (n/a)     27 January 2011

Querry on Power of Attorney

Dear Seniors,

Would like to know the position on the following transaction.

-  A has given power to B to sell A's property and account for the same.

- B has sold this property for consideration to C AND B HIMSELF.

My doubt is whether, in the absence of any specific averment in the power to the effect that this property could be sold either to B himself or to others, whether B acting as a power agent, sell the property to himself. that is to say whether B can be both SELLOR & PURCHASER.

Please clarify.




 3 Replies

N.K.Assumi (Advocate)     27 January 2011

The relationship between A and B is simply that of the principal and agent and agent can sale to others  or  himself purchased the same from the principal as per the satisfaction of the principal.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     27 January 2011

Yes legally possible but the documents will not be registered. POA may his POA than only feasible.

krishnarajpr (n/a)     27 January 2011

Thank you for sharing. But does the bar under Sec 215 of the Indian contract act not apply in such cases. If tomorrow the principal questions the sale, what is the position.

thanks .

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