Hello,

1) If your father is not alive you may refuse to honour the contract or ask new terms to be included as 14 years the trees continued to grow there and the value has increased manifold.

2) The power of Attorney becomes null with the passing away of the Principal assuming that is the case. Again you can't be obligated then to pay for legal expenses as set out in the Agreement.

3) One needs to see the Agreement to form the best option available under law.

It is necessary to peruse agreement signed by your father with timber merchant

2) there must be clause in agreement that merchant be permitted to cut trees for specified period

3) if no period is specified agreement is binding upon your father and validity would not be limited for 3 years period

4) your father has to bear the expenses incurred by merchant as per the agreement

1) if validity period of POA is not mentioned power of attorney would be valid until it is revoked

2) you can stop cutting of trees if as per agreeemnt trees with peppers creepers cannot be cut

3)get your timber agreement vetted by local alwyer

My questions are

1. I am not ready to give trees to him now.

This property belongs to your father, hence he only can decide about it.

If he is not willing to give the trees, then he can refuse. The agreement was made long back, but the buyer did not take any steps to enforce the agreement till date, hence the agreement becomes infructuous automatically one it is barred by limitation.

2. Whether the validity of agreement is 3 years (in agreement validity is not mentioned)

The limitation for such agreement is three years if there is no specific period mentioned in the agreement. After completion of three years becomes invalid or noneffective and unenforceable in law.

3. I need to give all expenses beard by him ?(In agreement it is mentioned)

If there is no agreement then there is no expenses to be reimbursed.

4. Not only my father give power of attorney other planter also given to file case against govt in 2003

The power of attorney was given to fight the legal case alone, this will not have an impact to the sale agreement.

Moreover the agreement was not registered hence it is not enforceable even if the buyer prefers to approach court for this.

1. what is the validity for Power of attorney ?

The POA deed has to be seen whether it was executed for the purpose of court case alone or for any other purpose also.

However the unregistered power of attorney is not valid for the purpose of execution of any transaction with regard to the immovable property.

2.In agreement only date of agreement is mentioned but validity is not mentioned like when it will be ended. whether the validity remains life time ?

Firstly the unregistered sale agreement is not valid with regard to immovable property.

Secondly the limitation for any agreement, is the time is not mentioned, shall be three years only as per the provisions of the law of limitation.

3. As per the agreement if trees has pepper creepers those trees were not supposed to cut in 2003 but now all trees are spread with pepper creeper.

Can i stop him with the above point?

The agreement itself is not valid then what is the need to go for such technical details

1. Without perusal of the agreement in question it is not possible to form an opinion. Be that as it may, if there is no time limit laid down in the agreement for sale of trees then the agreement can be specifically enforced against your father/the heirs to your father.

2. The POA, unless contrary is provided therein, ceased to be valid after the demise of the principal.

3. Consult a lawyer with a copy of timber agreement to get a clear opinion.