Death of father and sale of property.

DHAVAL BHOJANI (Querist) 16 July 2013 This query is : Resolved
Dear Sir / Madam,

My father bought one flat in 2003. Flat is under the unregistered society. He died in 2012. Now my father has two sons and one daughter (married). My mother is alive. Now how can my mother sale the property to third person, what are the legal formalities and how she can execute the sale deed.

Regards,
Dhaval

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ajay sethi (Expert) 16 July 2013
the 3 children have to execute deed of Relinquishment in favour of mother .transfer flat in name of mother . then mother can sell the flat

DHAVAL BHOJANI (Querist) 16 July 2013
Thanks for the reply. Relinqusishment is the power of attorney?..Further what is the stamp duty to be paid for the same i.e. executing relinquishment deed. (Gujarat State).

Dr. Jyothi Vishwanath (Expert) 16 July 2013
Relinquishment deed is not the same as power of attorney.

DHAVAL BHOJANI (Querist) 16 July 2013
THanks!...Is it attracts stamp duty for the relinquishment deed.? and if yes what is the amount for the same.

Dr. Jyothi Vishwanath (Expert) 16 July 2013
You have to check the Stamp duty Act of your state to know this.

DHAVAL BHOJANI (Querist) 16 July 2013
ok...thanku all...

R.K Nanda (Expert) 16 July 2013
nothing to add.

DHAVAL BHOJANI (Querist) 17 July 2013
Mr. Nanda is their anything to add....thanks.

Raj Kumar Makkad (Expert) 17 July 2013
As the relinquishment deed require a lot of money on stamp duty so if the flat is required to be sold, all 4 of you are required to sign the sale deed and consideration money can be given to your mother.

DHAVAL BHOJANI (Querist) 18 July 2013
Sir is it possible for the son & daughters to give power of attorney to Mother for executing the sale deed.?

And sir if yes ..than whether stamp duty needs to be paid....

ajay sethi (Expert) 18 July 2013
relinquishment deed attracts nominal stamp duty if it is in favour of relative .

children can give power of attorney to mother to sell the property . the POA has to be stamped and regd . attracts nominal stamp duty

DHAVAL BHOJANI (Querist) 18 July 2013
Thanks....sir...

ajay sethi (Expert) 18 July 2013
thanks for your appreciation

Raj Kumar Makkad (Expert) 10 August 2013
It is true that the within family relinquishment deed atrracts normal stamp duty. In Haryana, it is only of Rs. 500/-