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CANCELLATION OF POWER OF ATTORNEY 1 year 7 months ago #8630

Dear Experts,
I have entered into power of attorney with a land owner and paid partial amount during 2005.
I have made agreement with another third person for selling this land and received the money from him for the sale of this land. However I did not pay the balance money to the owner
As the land owner came to know of this deal and he assumed that I have defaulted payment of balance amount, and he cancelled the power of attorney.
However due to pressure from the buyer I registered the land to my buyer but after one year after cancellation of Power of attorney. During the said period the register office was not tracking the cancellation of POA, and so my buyer did not know about this cancellation.
Now the land owner has filed a case that the sale is void as it was done on a cancelled Power of attorney.
Some body suggested that I should have filed a case against the cancellation of power of attorney on the owner of the land, earlier before registering the land. Is it so?
What is the remedy available to me? Can I plead that I owe only a partial amount to the land owner and so the cancellation of power of attorney is not proper and the sale is not void, and I am only required to pay the balance payable, which I am prepared to pay now.
Should I have filed one earlier and will this not filing a case against the cancellation of POA make my stand weak?
Or will the sale will be declared illegal and I can only file a suit for recovery of money paid on this account
  • dharan
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CANCELLATION OF POWER OF ATTORNEY 1 year 7 months ago #8637

Sale of land through power of attorney is firstly illegal. However, filing a case against the original owner would take some attention off the sale made by you. You would still be considered at fault since you sold the land without checking the power of attorney and both you and the original owner might have to pay fine for trying to avoid registration fee.

As long as a power of attorney is concerned, the original owner has the right to cancel it whenever he wants. That is the risk one runs with power of attorney,

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Ensure that you get professional help! My inputs are just guidelines!

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