Power of attorney
Rohit Chauhan
(Querist) 31 July 2013
This query is : Resolved
Dear Sir/Ma'am,
My father purchased a Plot(piece of land)in 1993-94 in his own name by executing a Power of Attorney.
Now, we wanting to transfer that plot from my father to my mother through a Power-of-Attorney.
can we do so?
Is it mandatory to deposit that instrument to the High Court or District court having jurisdiction over the land(plot).
adv. rajeev ( rajoo )
(Expert) 31 July 2013
Let your father execute the regd., rights relinquish deed in your mother's favour. PA s not necessary.
Adv Archana Deshmukh
(Expert) 31 July 2013
Relinquishment deed cannot be executed in this case. If sale deed is in the favor of your father i.e he is the owner then, he can execute a gift deed or Will in favor of your mother.
prabhakar singh
(Expert) 31 July 2013
Dear Mr.Rohit Chauhan!
Since you state your father purchased a plot
by execution of a power of attorney.
I would like to say he has legally no right title or interest in the property to transfer in favor of your mother.
Your father needs a registered sale deed to be executed by the owner,the POA if registered with subregistrar with power to sale then he can execute a sale deed directly to your mother.
If POA is not registered he should ask the owner who gave the POA to execute the registered sale deed directly in name of your mother.
The deposit of POA with District court or High Court is not mandatory and does not apply to those POA conferring right to transfer of immovable property as they in law required to be registered compulsorily.
Neither relinquishment nor a gift is the need in your case and it is true that relinquishment deed is written only when two or more persons jointly or co-own any property.
Raj Kumar Makkad
(Expert) 01 August 2013
It shall be better if the sale deed is directly executed by the seller of the plot in favour of your mother. Until the plot is registered either in the name of your father or mother, you have no legal ownership upon that plot.
Rohit Chauhan
(Querist) 01 August 2013
I wish to add something that, the colony where that plot is situated is not approved by GDA(Ghaziabad Development Authority).
So, Is it possible to execute a Registered sale deed?
ajay sethi
(Expert) 01 August 2013
agree with prabhakar singhji
Raj Kumar Makkad
(Expert) 05 August 2013
Even if that area is not approve yet the registration of sale-deed can be got executed and registered.
