Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Reg execution of transfer deed blood relation trnsfror thru attorney in fav of transferee(attorney)

(Querist) 11 March 2016 This query is : Resolved 
A & B are two real brothers. they inherited the property of their mother after her death in equal share vide registered will. but the mutation of inheritance has not yet been entered in the revenue records and in the records of other competent authorities.

In Punjab, transfer deed is executed in blood relation is exempted from stamp duty and registration fees And also general power of attorney executed in blood relation is done on RS 1000 stamp paper which is nominal but if GPA executed in favor of third person 2% stamp duty is charged at circle rate.

now the problem is that
brother A has to go abroad urgently, but he want to transfer his half share of property to brother B. But he cannot execute transfer deed as the revenue record is still in the name of his mother, as mutation of inheritance in his(A) name, is yet to be entered and sanctioned. it will take a month time.

Now if brother A gives attorney to brother B...

Attorney
A s/o ..... resident ...... executant of GPA. Whereas I hv received half share of property number..... vide my mother registered will but the inheritance mutation has yet to be entered and sanctioned in my name and also I want to transfer my share to my real brother B vide transfer deed. As i have to go abroad urgently, so i hereby appoint and nominate my real brother B as my lawful attorney to get the inheritance mutation of my above said property sanctioned in my name in the records of revenue authorities by following proper legal procedure and get the transfer of my above said share in his (B) name by executing transfer deed and get it registered with sub registrar.

is it possible according to Law that a person being attorney of owner executes any deed in favor of himself.

your esteem legal opinion is required urgently.

regs
jatinder
P. Venu (Expert) 12 March 2016
First of all, you can get the property mutated in favour of the beneficiaries of the Will.
Rajendra K Goyal (Expert) 15 March 2016
He should give attorney to near relative in spite of giving it in favor of ultimate beneficiary.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :