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Roland Noronha (Retired as GM of Synergy Creations)     28 April 2024

Soecific gpoa to sell flat in mumbai

I am holding a specific General POA from my Son to sell his flat in Mumbai. This GPOA has been registered at the registrar in Mumbai. Can I go ahead with the sale of his flat in Mumbai and execute the sale deed at the sub registrar in Maharashtra. The cheques will be issued in favour of my son and credited to his account in the bank. Need your guidance.



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 5 Replies

T. Kalaiselvan, Advocate (Advocate)     28 April 2024

You have a POA deed executed in your favor for performing this task hence you can very well proceed with the completion of the task entrusted to you. 

Dr. J C Vashista (Advocate )     29 April 2024

Yes, you are authorised to get the sale deed executed and receive consideration on behalf of your son, the executant of GPA.

Real Soul.... (LEGAL)     29 April 2024

As in latest supreme court judgment mere POA cannot entitle one to transfer of propety but there should be other releated documents to prove that the POA was consented .

Read ;

Ghanshyam v Yogendra Rathi 2023

 

T. Kalaiselvan, Advocate (Advocate)     29 April 2024

You can proceed with the execution of the sale deed in favor of the prospective buyer on the basis of the registered power of attorney deed in your possession.

Dr. J C Vashista (Advocate )     02 May 2024

The ratio of judgment in Ghanshyam V Yogender Rathi 2023 (Supreme Court) is qua conferment of title through Agrement to Sell, PoA and/ or Will, which is inapplicable in instant case.


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