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Selling of property through certified copy of power of attorney


16-Oct-2023 (In Property Law)
Sir my father was in defense services and could not deal with the suits that's why he gave POA to my paternal aunt to deal with all those suits. And afterward my father took back the original POA on oral instruction to not to deal with suits now.POA was not cancelled through the process of law but taken back on oral instructions that she nothing has to do with those suits now But she obtained the certified copy of the same and executed the sale deed without on the instance and instruction of my father and even without knowledge. Now my questions is whether she can execute the sale deed with the help of a certified copy of POA and if yes then whether the sale is legal.
Answers (2)

Answer #1
777 votes
in one of the recent judgments passed by the Hon'ble Supreme Court stating that sale of Property in case of Power of Attorney shall not be a valid sale and the POA holder is not a title holder to the property. the sale would not be a legal sale in case of POA

Answer #2
751 votes
She can excecute a sale deed, because power of attorney is contract between principal and agent, said contract is valid until it was cancelled by principal or agent.
Power of attorney can not cancelled by orally.
Your father can file suit for cancellation of sale deed in civil court, if he can not file a suit then said sale is valid.

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