Mansaka gupta (associate) 21 May 2012
My father died without leaving a will. He owned a free hold property (self owned) which is to be given out on rent. We are two sisters and one brother (mom has also passed away). We have given the power of attorney to our brother for the said property. Is my brother eligible to execute the rent agreement with the tenents based on power of attorney? or do we sisters need to do a relinquish deed in favor of brother first and then he can do lease aggreement? Please advice.
S Jadhav 98336 98330 (Jadhav & Associates) 21 May 2012
You can give a power of attorney for doing certain things such as managing th ematters related ot the property like givin g on rent or doing minor repairs or writing letter to authorities or paying statutory dues etc and not give the pwer to sell any rights or transfer the property, etc.
You also need not relinquish your rights for doing all these things for renting out the property. The lease agreemtn can be done on the basis of a limited power of attorney.
If you have given a power of attorney which includes selling or transferring any rights wherein he can take the money or you have given away your right, then please modify the same.
In any case, if you have relinquished your rights without paying the relevant stamp duty and registereing the document, then you may change the document easily and anyway such document (which is not stamped properly and registered) canot be used as evidence.
S Jadhav
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