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Sale of late mother's agricultural land in maharashtra

(Querist) 29 August 2016 This query is : Resolved 
My friend's mother passed away in March 2014. She owned a piece of agricultural land in rural Maharashtra which was subsequently transmitted to her 4 children. Three children reside in Mumbai and one in Rajasthan.

Since all the four children cannot go to the village to sell the land, they wish to execute a Power of Attorney in favour of my friend who will then go alone to the village and get the sale deed for the agricultural executed & registered at the sub-registrar's office.

My queries are:

1) Is agricultural land sale allowed in Maharashtra if my friend goes to enable the sale on the basis of a "Power of Attorney"?

2) Should this Power of Attorney be notarised or is it necessary that the POA should also be registered at the sub-registrar's office where the brothers/sisters reside?

3) Since 3 children reside in Mumbai and one child resides in Rajasthan, will two POA's have to be executed and registered - one in Mumbai and one in Rajasthan?

Thanks in advance.
Dr J C Vashista (Expert) 29 August 2016
Q 1. Yes, the property can be sold by "your friend" on the authority from all 4 titleholders.
Q 2.The SPAO has to be registered with Sub-Registrar.
Q 3. All of them will have to execute and register a POA/SPOA separately.
Kumar Doab (Expert) 29 August 2016
Agriculture is state subject and look into local laws and check if it can be sold to anybody or restricted class.


Your own counsel can help you further.
Kumar Doab (Expert) 29 August 2016
Repeated Query;


http://www.lawyersclubindia.com/experts/Sale-of-late-mother-s-agricultural-land-in-maharashtra-614001.asp
Guest (Expert) 29 August 2016
Repeated query.
Kapil Tiwari (Querist) 29 August 2016
Thank you, Sirs.
R.K Nanda (Expert) 29 August 2016
Repeated query
Rajendra K Goyal (Expert) 29 August 2016
1) Is agricultural land sale allowed in Maharashtra if my friend goes to enable the sale on the basis of a "Power of Attorney"?

Ans; Agricultural land can be sold as per state law.

2) Should this Power of Attorney be notarised or is it necessary that the POA should also be registered at the sub-registrar's office where the brothers/sisters reside?

Ans: The POA should be registered.

3) Since 3 children reside in Mumbai and one child resides in Rajasthan, will two POA's have to be executed and registered - one in Mumbai and one in Rajasthan?

Ans: Preferably each share holder should give saperate POA.
Raj Kumar Makkad (Expert) 29 August 2016
I do endorse the advice of Rajender K. Goyal ji.
Kapil Tiwari (Querist) 30 August 2016
Thank you very much Sirs, Goyalji and Raj Kumarji!
Rajendra K Goyal (Expert) 28 September 2016
You are welcome.


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