Auothority letter

shyam lal (Querist) 18 August 2024 This query is : Resolved
After the signing of Family settlement document One of the share holder pertaining to Immovable property wishes to sign a authority letter in favour of his adult son for future course of action in place of him while he is alive. Query.... is this act legally excepted.

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This discussion clarifies the legal standing of authority letters for property matters. It explains that while an authority letter might seem sufficient, a registered Power of Attorney is legally required for significant transactions involving immovable property. The advice also covers what happens to a family settlement document if a party passes away, stating that succession laws will apply and legal heirs inherit the deceased's share.

kavksatyanarayana (Expert) 18 August 2024
The shareholder can authorise his son to do any acts by way of a registered power of attorney. An authorization letter is not sufficient for all purposes.

T. Kalaiselvan, Advocate (Expert) 19 August 2024
An unregistered authorisation letter will not be a legally valid document in respect of any transaction involving the immovable property.
Therefore it is advisable that the father to execute a registered power of attorney deed which will remain in fore and effective till the lifetime of the principal assigning the tasks as desired to be carried out by the son.

shyam lal (Querist) 19 August 2024
Satisfied with the reply. Thanks

shyam lal (Querist) 19 August 2024
Further One of the share holders of family settlement pertaining to immovable property expires. Query...does the Settlement document have any legal
bearing or a fresh Family settlement has to be executed with the deceased family member/members.

T. Kalaiselvan, Advocate (Expert) 19 August 2024
If one of the party to the family settlement died subsequent to the execution of the registered settlement deed, then the legal heirs of the deceased are entitled to succeed to the estates of the deceased beneficiary. Law of succession will open upon the death of the deceased.

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