• Power of Attorney

Dear Sir,

I would like to present the following questions:

1. I had given a power of attorney to a developer to construct a building in my premises. Does this Power of Attorney empower the developer to sign my signature on documents related to sale of flats or Building Sanction Plan Documents? Can I sue the developers for this act?

2. Am I liable to be to sued by the flat purchasers using the documents on which the developer have signed my signature? Or am I responsible for any sale deeds that the developer has entered into with the flat purchasers because I have given the power of attorney to the developer?

3. Being the Landlady of the premises if I seek the help of the High Court against the Kolkata Municipal Corporation for inaction, would that demerit my case? It has to be kept in mind that I had entered into an agreement with the developer to construct the building. So in case of any irregularities in building construction am I equally responsible?

I will be highly obliged if you can kindly resolve my questions.
Asked 9 months ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1) it is necessary to peruse POA to advice . 

2) if only specific POA executed  for construction of building only  builder cannot sell flats on your behalf 

3) if general POA has been executed you would be responsible for all actions of the builder 

4) builder has to complete construction as per sanctioned plans . if unauthorised construction is carried out it can be demolished 


5) you can revoke the POA if  if builder has committed irregularities in construction . you can further sue him for damages 
Ajay Sethi
Advocate, Mumbai
23097 Answers
1212 Consultations
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1. It would depend on the contents of the POA. If the POA gives such power to developer then he can do so. Do remember the attorney can not ad anything about which the POA is silent.
2.Being a principal you are represented by the agent/developer. So the purchaser can sue you as well for acts of misfeasance of developer as well.
3. Yes,for any irregularity you may alps be brought to books. Hence drafting of POA in such matters is most important things to keep you safe.
Feel free to contact for further help.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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1. The answer is a big NO. To sign for and on somebody's behalf is within the ambit of the power granted by the POA, but to make signatures of somebody else constitutes an act of forgery and cheating. You should file a suit for declaration of the sale deeds purportedly executed by you as illegal. 

2. You continue to be liable to the flat owners as your signatures have been made on the sale deed. Unless the civil court declares the sale deeds as illegal the purchasers have all the civil and criminal remedies against you.

3. A criminal case for cheating and forgery can and should also be filed against the developer. 
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
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Hi, First you have to verify the General Power of Attorney  and its clause, the builder has authority to act on behalf of you only to an extent which power given by you and he can't act apart from that.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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1. It depends on what power have you given to the said developer through your POA. The POA holder is empowered to execute exactly the jobs/works what have been mentioned in the POA executed by you. Please verify the POA minutely. If he has over acted, you can sue him,

2. You can be sued for any act which has been executed by forging your signature on documents. If you have authorised the Developer through the said POA to sale the developed flats pertaining to the developer's share  to purchaser, then you are not responsible to its purchasers unless you have binded yourself with any or all the acts of the POA holders by entering such clause in the POA,

3. The Development Agreement is required to be seen for making any comment bin this regard. However, in normal course, the land lady is not responsible for any illegal act of the developer while making construction on her land. 
Krishna Kishore Ganguly
Advocate, Kolkata
12028 Answers
227 Consultations
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1. I had given a power of attorney to a developer to construct a building in my premises. Does this Power of Attorney empower the developer to sign my signature on documents related to sale of flats or Building Sanction Plan Documents? Can I sue the developers for this act?
The contents of the power of attorney deed is to be seen to confirm your authorisation to the developer in this regard.



2. Am I liable to be to sued by the flat purchasers using the documents on which the developer have signed my signature? Or am I responsible for any sale deeds that the developer has entered into with the flat purchasers because I have given the power of attorney to the developer?
If you given power to the developer to sell the flats on your behalf, he would execute and sign the registered sale deed on your behalf as your power agent. There is no legal informity in it.  Please be aware that all his acts are done on your behalf only hence you are the person actually held liable for all the causes good or bad.




3. Being the Landlady of the premises if I seek the help of the High Court against the Kolkata Municipal Corporation for inaction, would that demerit my case? It has to be kept in mind that I had entered into an agreement with the developer to construct the building. So in case of any irregularities in building construction am I equally responsible?
Any deviation or illegality done by the developer/builder other than the approved plan will be responsibility of the builder, he is liable to answer the authorities for such illegal acts. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
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