Legal Question in Civil Litigation in India

Property (Ownership Flat)

We entered into an Agreement with a promoter and developer to buy a Flat on a Ownership basis ...

They consist of 2 Partners ...

They were developing the building on a plot of land having 3 Landlords ...

The Landlords has given irrevokable ''Power of Attorney'' to the Promoter to sell the Flat of their Share ...

By this time one of the Flat sold by the Promoter was Registered .

Now one of the Landlord died and after one and half year one of the promoter died.. and the remaining Flats remain Unregistered ...

One of the live Land lord deny to Sign in the registration deed ...

He said that ,with the demise of one of the promoter the power of attorney is revoked. Is it True?

Is there any way that these Flat may be registered ... All Payments have been Cleared.


Asked on 9/07/08, 6:25 am

4 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Property (Ownership Flat)

File suit for specific performance against legal heirs

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Answered on 9/12/08, 5:57 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: Property (Ownership Flat)

the POA with consideration is irrevocable except with leave of court it can't disputed . As such the POA and development rights can be challenged only if the fraud or some forgery is caused but not otherwise

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Answered on 9/14/08, 2:16 pm
Nandita Haldipur Haldipur Associates

Re: Property (Ownership Flat)

you can get teh legal heirs to execute teh sale deed if they fail you can file a suit for specific perforamnce

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Answered on 9/08/08, 12:34 am
muhamed mustaque mk associates

Re: Property (Ownership Flat)

legal heirs are bound by the contract entered bewteen you and predecesor.They cannot legaly wriggle out from the conract.You have remedy of specific peformance before civil court or as provided under the agreement.

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Answered on 9/07/08, 7:26 am


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