• POA agent

Sir my father entered into an sale agreement in the year 2002 with an poa agent and paid the full amount in cash after he came to know that poa agent died what to do now?
Asked 8 years ago in Property Law
Religion: Hindu

9 answers received in 1 day.

Lawyers are available now to answer your questions.

11 Answers

1) do you have any evidence of cash payment t made

2) has registered sale deed been executed .

3)on demise of the agent POA comes to an end

4) ask the principal to execute registered sale deed in your father favour

Ajay Sethi
Advocate, Mumbai
100022 Answers
8164 Consultations

If the Poa agent has passed away then the effect of POA will cease. Kindly tell you query in detail?

You father paid cash to agent and agent without entering into sale agreement passed away?

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Wwell.POA holder is agent ofthe principalonly.

So if he dies then the principal or in his death his legal heirs can execute and complete the sale by way of execution of registration of deed of conveyance.

If the principal give feesh POA tosomeone ezlethen he can also execute the ded.

However do note that the POA holder must be a relltive of the principal and not a third party.

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

Do u have proof for transaction of the sale agreement ??

Contact the principal and ask him to execute a sale deed in favour of you

If he refuse to do no other way file a specific performance of contract with permanent injunction :) thanks

Shiva Bharathy
Advocate, Chennai
102 Answers
1 Consultation

In case the power of attorney holder is that the agreement made by him on behalf of the principal is valid and maybe in forced on the principle who has issued the power of attorney so the data power of attorney holder will not create any problem in executing the sale deed by the principal her by the any person whoever the principal give the power of attorney to execute

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If the power of attorney executed before death of agent then it is valid, orherwise power of attorney automatically cancelled on death of agent.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

on the death of POA agent, the POA executed in faovur of the agent shall stand cancelled.

If you can prove that your father has paid the amount in cash on that date with evidence you can claim the amount but you should make shore that on that date your father has that kind of legal cash money to pay.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

When he died.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Hello sir , you can file a civil suit for declaration in court on the bases of POA .. Kindly share the POA for futher guidance

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

After the death of the POA holder, the agreement to sale has become bad.

Your father may get in touch with the Principal, whom appointed the Agent(under a POA) in the present case.

Vibhanshu Srivastava
Advocate, Lucknow
9767 Answers
323 Consultations

The POA agent is not the owner of the property, hence you need to aproach the original owner to execute the registered sale deed

What were you doing all these years without getting the sale deed executed, the sale agreement is valid only for three years.

However since the entire consideration amount was paid and you have valid receipts or proofs for such payments, you may aproach the owner to execute the registered sale deed, if he refuses, you can file a suit for specific performance of contract and seek relief through court of law.

T Kalaiselvan
Advocate, Vellore
90223 Answers
2507 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer