indrefs.com

Sign in with Facebook
Sign in with Facebook
Welcome, Guest
Username: Password: Remember me
Get property reviews, discussions, legal advice, expert opinions only on Chennai real estate forum. Post questions on property, apartments, plots and we will help you get your question answered. Get answers from other buyers, potential investors and experts before you buy a property in Chennai.

TOPIC: CANCELLATION OF POWER OF ATTORNEY

CANCELLATION OF POWER OF ATTORNEY 2 months 4 weeks 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
  • dharan's Avatar
  • OFFLINE
  • Fresh Boarder
  • Posts: 6
  • Karma: 0
The administrator has disabled public write access.

replyhave something to say register login button



CANCELLATION OF POWER OF ATTORNEY 2 months 3 weeks 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,

Thanks,
Krish
  • Krishna
  • Krishna's Avatar
  • OFFLINE
  • Moderator
  • There is nothing stronger than the power of inform
  • Posts: 3307
  • Thank you received: 137
  • Karma: 16
Krish
Moderator
www.indrefs.com

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

For questions on how to post in the forum , click here
The administrator has disabled public write access.

replyhave something to say register login button

Time to create page: 0.439 seconds

Latest News

What is ROR (Record of Rights) and how can one obt...
15 Aug 2016 09:02 - Krishna

Right of Records (RoR) contains details regarding ownership of the property. It is an important docu [ ... ]

Big players to invest in Real Estate
28 Jul 2016 18:04 - Krishna

The Government of Tamil Nadu has invested Rs. 2847 crores through single window clearances without s [ ... ]

What happens if you and your spouse jointly own a ...
21 Jul 2016 18:25 - Krishna

It is very normal for most homeowners to buy a property along with their spouses. However, in case y [ ... ]

How to identify a real sale deed from a fake one
15 Jul 2016 05:38 - Krishna

The sale deed is a document that is executed by the seller of a property in faour of the buyer. The  [ ... ]

How to inherit property after death of owner
12 Jul 2016 04:57 - Krishna

Sufficient after death planning is required to ensure that your property reaches the right hand [ ... ]