Denis N Kumar (Vice President) 22 August 2014

Buying a property from legal heir as the owner is no more

Hello Respected People,

I am buying a Flat in Ghaziabad Vaishali area which is in multi storey flat made by private builder. The original owner is no more and his wife wants to sell the property. The Will is there but its not registered.

They have 3 Daughters who all are married and out of the 3 two are in India but none in ghaziabad and one them is staying abroad. As per their lawyer they are the equal owner of 25% share and to do the sale they have made a power of attorney in the name of Mother to do whatsoever of their equal share. The two power of attorneys are registered in State of Jharkhand where one of the daughter stays and the POA from the sister living abroad is done in the presence of consel general of India in that country but not registered.

Now when i checked with lawyers at sub registrar office in ghaziabad they have asked the Revokable POA from all the daughters along with abroad POA registered in India as per the law.

Can someone please guide what is the normal procedure and what is the difference between Revokable POA and normal POA and will i be able to get a loan on such property?

Looking forward for your valuable advice.

Best Regards
Denis

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2 Replies

Kumar Doab (FIN) 22 August 2014

The ClassI legal heir shall be determined in accordance with Personal Law applicable to the deceased e.g; Hindu Succession laws.....................

If deceased was Hindu the mother is also a ClassI legal heir.............................

Usually person staying abroad sends POA from abroad.........................

However if the WILL exists then WILL should be probated and property should devolve upon the beneficiaries as per WILL of the deceased, first.

The society/GDA etc.......................whatever it is that commands the transfer of tile in flats shall also look into existence of WILL and shall ask to follow rules applicable in case of Transfer of property deceased owner that has left WILL.

You may approach an able lawyer dealing in such/revenue/civil matters and understand the merits and proceed under expert advice of your lawyer.

Denis N Kumar (Vice President) 22 August 2014

Thanks Mr Kumar,

I got your point, that if the will is in place then it should be first probated so that it becomes legal binding and all 4 can become 25% owners.

Some more clarity is required:

After prbating the will, Then the 3 daughters has to to do a Relinquishment deed in the name of the mother for their equal shares?

and followed by the power of attorney to to the mother for selling the property?

And why then then there is a requirement of Revokable Power of attorney and not General power of attorney?

Is it also compulsory to get the abroad POA to get attested in India? if yes then can it be done in the state of jharkhand where they are staying? And who will do this attestation a Sub Registrar or the Oath Commissioner?

Thanks a lot for your support.

Denis