two power of attroney of same property
6 months ago
Please help need to clarify the whose transactions is valid on the below property sold through POA ? A person execute two powers of attorney for executing sale deed for the same property . First one executed in 1982 to peron B and second one executed in the year 1983 to person C . Whereas Person C sold land to person D in the same year 1983. Both POA exist and not cancelled. Whereas Person A died in the year 2000. From the above scenario Can one person give POA of same land to 2 different person ? Which POA is valid in this case ? is the sale deed executed by person C valid ? Currenly legal heirs of Person A still in possesion of that property , Can legal heirs of Person A has right to claim the property ?
A.Dear Client,
A “power of attorney” is a mode of creating an express agency. It is a written instrument executed by a Principal to appoint an Agent to act for the Principal in one or more transactions. “Power-of-attorney” includes any instruments empowering a specified person to act for and in the name of the person executing it. A Power-Of-Attorney must be executed in favour of a single person/donee for the specified transaction and it cannot be executed in favour of several persons for the same act or single specific transaction. But a power of attorney can be executed by more than one principal in favour of a single person. When a property is sold in 1983, while the executor of the POA was alive, on the basis of POA to D who did not take possession of the property and it is still under the possession of legal heirs of A and according to the law of adverse possession, if a person continues to be in possession of a property for 12 years or more, he is granted ownership rights to the property on claim. In simple terms, if the occupier continues to occupy a property for 12 years without any interruption from the owner, he gets owner status for that property. The law of Adverse Possession is contained in Article 65 Sch-I of the Limitation Act, 1963 which prescribes a limitation of 12 years for a suit for possession of an immovable property or any interest therein based on title.
A “power of attorney” is a mode of creating an express agency. It is a written instrument executed by a Principal to appoint an Agent to act for the Principal in one or more transactions. “Power-of-attorney” includes any instruments empowering a specified person to act for and in the name of the person executing it. A Power-Of-Attorney must be executed in favour of a single person/donee for the specified transaction and it cannot be executed in favour of several persons for the same act or single specific transaction. But a power of attorney can be executed by more than one principal in favour of a single person. When a property is sold in 1983, while the executor of the POA was alive, on the basis of POA to D who did not take possession of the property and it is still under the possession of legal heirs of A and according to the law of adverse possession, if a person continues to be in possession of a property for 12 years or more, he is granted ownership rights to the property on claim. In simple terms, if the occupier continues to occupy a property for 12 years without any interruption from the owner, he gets owner status for that property. The law of Adverse Possession is contained in Article 65 Sch-I of the Limitation Act, 1963 which prescribes a limitation of 12 years for a suit for possession of an immovable property or any interest therein based on title.
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A.Dear
The Power of Attorney (POA) granted to person B remained unutilized, while another POA granted to person C was executed by the appointed agent without formally revoking the earlier POA. Person C, acting under the authority of the POA, successfully conducted the sale of the property. It is noteworthy that neither the principal nor the previous power agent contested this sale.
Following the demise of the principal, both POA deeds have been rendered null and void. Consequently, any legal heirs of the principal are precluded from asserting any rights over the property that had been sold during the principal's lifetime under the authority of the POA deed.
Regards
The Power of Attorney (POA) granted to person B remained unutilized, while another POA granted to person C was executed by the appointed agent without formally revoking the earlier POA. Person C, acting under the authority of the POA, successfully conducted the sale of the property. It is noteworthy that neither the principal nor the previous power agent contested this sale.
Following the demise of the principal, both POA deeds have been rendered null and void. Consequently, any legal heirs of the principal are precluded from asserting any rights over the property that had been sold during the principal's lifetime under the authority of the POA deed.
Regards
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A.Dear Sir,
Since first POA is not cancelled as such second POA is invalid. Better aggrieved person may approach civil court to cancel to such sale deed.
Since first POA is not cancelled as such second POA is invalid. Better aggrieved person may approach civil court to cancel to such sale deed.
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