Power of attorney

Querist : Anonymous (Querist) 28 January 2012 This query is : Resolved
we are wanting to sell our flat in Andheri,total 4 members in family but, father has expired wife is the nominee (but entry on share certificate is not still made) & she is having health problems due to old age & ready to give irrevocable power of attorney to her son & the elder daughter has already married. But what is the procedure for it ie. does it required to be executed on Rs.500/- stamp paper & is the notary only enough or it also requires registration then from where Andheri court or bandra registration office

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Raj Kumar Makkad (Expert) 28 January 2012
You shall have to get it registered in the office of Registrar Bandra.

for making sales, all legal heirs of your deceased father are required to sign irrespective of nomination in the office of society.

ajay sethi (Expert) 28 January 2012
first get flat transferred in name of mother . since mother is nominee of flat other legal heirs can give NOC to society for transfer of flat in name of mother .

once transfer of flat is approved by the cooperative society flat can be sold by the mother .

for resale of flat in Bombay it is not necessary that agreement be registered . no power of attorney may be necessary .

in the event you desire to have flat sold and agreement registered your mother will have to execute irrevocable power of attorney in your favour and said agreement has to be regsitered

M/s. Y-not legal services (Expert) 28 January 2012
yes.. am also agree with experts.. nominee can not be treated her self as a owner of the property..

-tom-

V R SHROFF (Expert) 28 January 2012
or entering / trf of flat on registered nominee, you don't need NOC,
Nominee can sell / trf Co-op Soc Flat [ SC]
Do not go for POA.
Complete deal thru your mother.
Other heirs has right to claim their share after it from ur mother.

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