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power of attorney of flat
2 years ago
As a developer I have developed a property.One of the landowner, whose share was one flat in the building is not able to refund my advance given.Now he is giving me the power of attorney of that particular flat for sale to recover my advance and transfer the balance amount to him.He has been allotted that flat by a non-registered Notarised Agreement of Share distribution.My question is Power of Attorney given by him is sufficient or the Power of all the others landowners is also required for that particular flat.
Thanks
A.Dear Client
In my opinion the single power of attorney might not be a good thing as the flat is still no owned by him so ideally he cannot give power of attorney for something which does not belong to him. If you have PoA from all the landowners then you get the right to sale their flats too.
In my opinion the single power of attorney might not be a good thing as the flat is still no owned by him so ideally he cannot give power of attorney for something which does not belong to him. If you have PoA from all the landowners then you get the right to sale their flats too.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.To give opinion, it is necessary to scrutinize the concerned Development Agreement for its terms, conditions and Legal implications in the context of that Power of Attorney. It is also necessary to know whether you have sold the Developer's Allocation or not.
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