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Home CIVIL

Power of Attorney – Power of sale vested – Sale-deed executed – Is valid – Passing of sale consideration to the power of attorney holder and whether the money has passed to the real owner or not, same is between real owner and the attorney and as such sale transaction cannot be held to be invalid.  

by Punjab Law Reporter
May 20, 2022
in CIVIL
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Mr. Avnish Mittal, for the appellant. Mr. Puneet Bali, Senior Advocate with Mr. Shivam Sharma and Mr. Vishwajeet Singh, for respondents No.2 and 3. Mr. Raj Mohan Singh for Mr. Rajesh K.Sheoran, for respondent No.4.

Power of Attorney – Executant had conferred power upon defendant – To not only enter into agreements with any party, but had also bestowed the power to execute sale deed before the Sub-Registrar and further to receive the sale-consideration in full and final – Therefore, sale-deed executed – Is valid – Attorney has not been revoked at any time – In regard to the passing of sale consideration to the power of attorney holder and whether the money has passed to the real owner or not, same is between real owner and the attorney and as such sale transaction cannot be held to be invalid.  

(2022-2)206 PLR 475, 2022 PLRonline 8464

Tags: Power of AttorneySale - Power of attorney
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Powers of attorney must be strictly construed with general powers limited to the primary purpose for which they were granted, such as litigation or management – When executed by pardanashin or illiterate ladies, mere reading of the document is insufficient – full understanding of its import must be demonstrated – Agents holding power of attorney occupy a fiduciary position and must act in good faith, with transactions benefiting the agent’s own family requiring strong proof of bona fides.[PLRonline ID#712800]

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NIA S. 138 – Complaint through Power of attorney – Proprietary concern.

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