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My brother had purchased a site from his friend. The site was allotted by BDA and the allottee had lease cum sale. The seller, has received the full consideration and has executed a registered general power of attorney in my favour. He has acknowledged the  receipt of full consideration by way of an affidavit which is notarised. Also When my brother pur- chased the site, it was still in lease period, and BDA has not executed the absolute sale deed.
But, my friend has received a legal notice from the allottee stating that power of attorney is cancelled and he intends to sell the site to others. What is the remedy?

- by Seetharama Rao, Kadugodi

It is advisable to seek the help of an advocate by providing all the documents. The General Power of Attorney is registered and the seller has acknowledged the receipt of full consideration through a notarised affidavit. Power of attorney coupled with consideration cannot be revoked. You may reply the legal notice through your advocate and also issue a paper notification to avoid any unfair play. But in the absence of a sale deed, in favour of the allottee, by BDA, and as the allottee was only lessee when the site was purchased by your friend the matter is complicated. It is advisable to sort out the issue with the allottee. Alternatively you may also claim the amounts paid with upto date interest.


These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.