Sir i had GP from A with a condition that if A want to cancel the GP A has to give a notice 15 days before cancelling the GP. A has cancelled the GP without my (B) knowledge but A is showing the notice has sent to B.In between (B) executed an un registered sale deed to C and D. Please advise me what to do. Is C and D have any power to sell or get registered himself. Can B get permanent injunction against A please guide.
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How to stop A to register or sell to others
1) does A have acknowledgement of receipt of notice by B ?
2) if no notice was received sale by B to C and D would be valid
3) C and D cannot further sell the property as sale deed is not regd
4) C and D can file suit for specific performance to direct A to execute sale deed in their favour
5) in said suit B should be made party to the suit
6) B would not get injunction against A
The principal can always cancel the POA at his will without notice to the attorney unless the agency is coupled with interest.
In your case it us not clear in which capacity you got the POA. If you are not related to A.
The relation of B is also not known to me,
If the principal has revoked the GPA which is not coupled with any interest, then his actions are legally binding and valid in the eyes of law.
The sale agreement on an unregistered document is not maintainable as evidence in the court of law.
The said sale agreement also is not valid, the buyers cannot enforce the sale deed registered.
How to stop A to register or sell to others
You cannot stop a land owner from selling his property some third person.
It could have been cancelled by A only after he adhered to the notice period in the GP. The sale deed executed by B has no validity as a sale deed requires mandatory registration. Had the sale deed been registered the subsequent buyers could have defended their title against A. Whether or not injunction is maintainable against A by B is a question that can be answered only after a threadbare perusal of the deed in question.
A power of attorney is an authority given by one person to another, authorising him to act on his behalf. The operative part of the deed is controlled by the recitals.General words do not confer general powers, but are limited to the purpose for which the authority is given, and are construed as enlarging the special powers only when necessary for that purpose
Power of Attorney can be revoked or would stand revoked if:
1. Revoked by the principal himself
2. The principal dies or becomes insane or becomes bankrupt
3. The business for which the agent was appointed is over
4. Mutually agreed upon by the principal and agent
5. The right under the power of attorney is renounced by the agent
So the principal can always cancel the POA at his will
Hi
A general Power of attorney can be cancelled any time by the principal (A), only after the cancellation the same has to be notified to the attorney(B).
If any agreements made before the date of Revocation of a GPA , the same will be valid.
An unregistered agreement to sell or sale agreement is not valid , so the Principal(A) can cancel it.
An injunction against A (principal/original owner) will not stand , the parties C& D will not be entitled to register and transfer the property legally.
