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I just want to know about poa

(Querist) 09 September 2013 This query is : Resolved 
sir, i am vikash agarwal and i am living in dr. ambedker nagar and now i got the news that govt. allows resident of jj colony to register but my father wanted to transfer the house in my name, but we are in jharkhand because i am currently working in ranchi. so, my question is: if i make POA from ranchi high court about transfering the house from my father to me, is it allowed as it(house) is in delhi? is it possible for me to sell the house with POA?
Anirudh (Expert) 09 September 2013
I think the property in question is in your father's name.

Whether your father is still alive?

Whether your mother is alive?

Whether you have any other brother(s)/Sister(s)?
Rajendra K Goyal (Expert) 09 September 2013
Nothing to add, let the supplementary information be received from the author.
vikash agarwal (Querist) 09 September 2013
no it is in my grandfather's name and i paid their share of money and yes my mother is alive and we are 3 brothers and one sister.
Anirudh (Expert) 09 September 2013
If it is in your grand father's name - please indicate the following:

1. Whether your grand father is alive now?

2. Whether your grand father has any son(s) or daughter(s) other than your father? If so their details.

Anirudh (Expert) 09 September 2013
Pl. also indicate whether your grand mother (grandfather's wife) is alive now?

Otherwise, when did she die - whether before or after your grand father (in case your grand father is not alive)
vikash agarwal (Querist) 09 September 2013
no both of my grand fateher as well as grand mother died, my grand mother died before my grand father, and my father are 4 brother and 4 sister and all the brother and sisters are alive. and one more thing i paid them their share in cash and got in written that i have paid them their share what they got in from their father.
ajay sethi (Expert) 09 September 2013
if the property is in your grandfather name to be transferred in your father name it would be advisable to obtain deed of relinquishment signed by his brothers and sisters in your father name . you have stated that you have obtaoined a document signed by your uncle and aunts . is it a regdd document .
once property is transferred in your father name he can execute a gfit deed in your favour have document duly stamped and regd
Sudhir Kumar, Advocate (Expert) 09 September 2013
the correct advise will depend on the wording and nature of deed on which you asked your uncle and aunts to write receipt.
Rajendra K Goyal (Expert) 09 September 2013
Consult local lawyer with all the documents, receipts.
Raj Kumar Makkad (Expert) 09 September 2013
I completely do agree with the advice of Ajay.
C.V.Kansara (Expert) 09 September 2013
Matter is still not clear.Better contact local lawyer with relevant papers-documents.
Anirudh (Expert) 10 September 2013
In the given facts, I completely agree with the views of Mr. Ajay Sethi.

Dear Vikash, your paying money to your uncles and aunts and getting from them in writing that they have received the money from you ALONE IS NOT AT ALL ENOUGH.

As correctly advised by Mr. Ajay Sethi, you should get a Registered Relinquishment Deed (HAK SOD PATRA) from them in favour of your father. PLEASE REMEMBER ONE MORE THING, IF THEY SHOW THE AMOUNT RECEIVED FROM YOU WHILE GIVING THE RELINQUISHMENT DEED, THEN IT WILL BE A SALE AND NOT "RELINQUISHMENT" AND THEREFORE WOULD INVOLVE PAYMENT OF STAMP DUTY.

It will be advisable for you to approach a local lawyer and to get a neat job done.


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