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Q. sale through power of Attorney

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ALOK KUMAR

posted 3 months ago

Q.sale through power of Attorney
I had given a power of Attorney to a property dealer in the year 2006 It was registered in Kiccha Udhamsingh Nagar Rudrapur giving him rights to sell my share in a joint property owned by three of us .A court case was going on in the district court at bareilly when this POA TO SELL was done ..The case is still going on after 20 years have passed and is in the court of civil judge Senior division Recently he passed an order that if any of the share holder wants to sell his share he can do so among his cousion brothers.As the supreme court has banned POA TO sell in case of immovable property ...in 2011..then in that case

Can that property dealer whom i gave POA to sell could have gone into an agreement to sell or could have done registry of my share before 2011.to someone else?

Please note that the case is pending in the court since 1999...

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 3 months ago

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A. ) Dear Sir,
If any sale was made before 2011 on the basis of your POA then you may challenge the same on many grounds like you have not received consideration from your agent who was holder of POA.

Please call me and take legal consultancy on my mobile through the administrators of this website.

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Shreyash Mohta

Experience: 1 Year(s)

Responded 3 months ago

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A. ) Sir,
As per the rules after 2011
Now he cannot do anything and even if he does then it shall be fraud. For which he can be charged.
Secondly, if the case is still pending and the latest order is that what you said. Then, even while selling your share in a joint property you have to approach the joint owners first and it is only after they reject your offer that you can approach a third party.
Given the circumstance he has no rights to do anything.
But however you should check up the matter and have a look into the same to verify frauds done by him [if any]

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Shreyash Mohta

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 3 months ago

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A. ) U can revoke it immediately

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