You have to file suit for specific performance to recover balance amount with interest
whether any period was mentioned in agreement to make balance payment ?
What were you doing for 5 years to recover your money ?
Payment issue in power of attorney
We sold a land in2015..Did power of attorney in his name. Timeframe was for 2 yrs.. In which he had to pay our all payments... he did not give our payments yet.. he made 58 shops in that land and sold many.. 18.20 shops he got registry (banama) of them.. we cancelled the power of attorney in September2020. he has put our name in files in Vikas pradhikaran to pass the map of shops.. Question is wat should be done to get our balance money.Next.. please guide
Asked 4 years ago in Property Law
Religion: Hindu
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13 Answers
Immediately prefer suit for Specific performance on basis of the contract of sale entered into by and between you both in 2015, alleging non-payment of remaining sale consideration.
Agreement was not registered ,it was written on plane paper and deal had been completed in January 2017 ,till then I am trying to convey for money back by meetings -& through conversation and reminder calls.In September 2020 I had cancelled power of attorney.what should my next move ?
Asked 4 years ago
He made many shops on it & it's map is proceeding in Vikas pradhikaran with our name still it was not passed in pradhikaran. Can we stop the process of the map in the pradhikaran ?
Asked 4 years ago
Did you make publication of the cancelled power of attorney ? if not then please do so.
Suit for declaration and permanent injunction is required to be preferred in case if you don't have a registered sale deed.
To cease the process of mapping please make an application in Vikas Pradhikaran stating your revocation of Power of Attorney and non-payment and non-registered document in name of the Builder.
What he has done before the date of cancellation of the POA is not questionable because he was then empowered to do so but he cheated you so file a criminal case against him for cheating and fraud as well as recovery suit for money.
If you have documentary evidences for the receipt of sale consideration amount by the power agent, you first issue a legal demand notice to him to settle the amount immediately within 7 days.
Failing to respond or comply, you may first submit a criminal complaint against him with the local police for the offenses of cheating, breach of trust and high handed criminally motivated illegal activities for the purposes of wrongful gains.
While the police is investigating the case after registering FIR in this matter, you may file a money recovery suit against him simultaneously before the civil court.
You discuss with an advocate in the local and proceed as suggested.
- As per law, both the parties are bond with the clauses mentioned in the POA , and the same cannot be cancelled without informing the other party in written .
- If , you have revoked the POA after sending a legal notice , then you can approach the court for getting balance amount mentioned in the said POA.
If the agreement was on a plain paper then it is not legally valid and the buyer cannot claim legal title to the property proposed to buy.
However, this would be recognized as a legal receipt for the payment received by the power agent.
Hence the power of attorney holder may be instructed to return the amount he obtained from the prospective buyers.
You may issue a public notice in two local newspapers stating that you being the owner of the property are not liable to the payment received by the power of attorney holder in connection with the sale of property and since the POA deed has been canceled by the principal, the POA deed is no more legally valid and that the principal is not liable to return the amount received by the power agent.
You can issue a legal notice to the Vikas pradhikaran stating that you have not authorized the power of attorney holder to apply for plan approval or preparing any map with the department concerned.
Hence any application that had been submitted by the power agent in this regard should not be entertained and the same may be canceled or rejected immediately.
You can personally follow up the application till it is disposed in your favor.
File suit to recover balance amount with interest
You should request muncipal corporation not grant any sanction fir further construction as POA has been revoked
you can approach civil court under specific relief Act & seek appropriate reliefs from court.
File a permanent injunction application against that process
I would advise you to engage a lawyer for and issue a legal notice to him at the earliest possible seeking specific performance.
