Acquiring transfer of Property or Power of Attorney

Querist : Anonymous (Querist) 15 August 2010 This query is : Resolved
To whom it may concern,

I want to know a few things regarding property laws.

My mother has a land in her name in Kanpur. She wants to transfer to me or give me Power of Attorney so that I can sell it as she has arthritis and cannot move much.

I would like to know whether I can execute a sale deed with Power of Attorney and the payment will be on whose name, mine or hers. She is currently living in Jaipur, can she transfer property from Jaipur itself or this has to be done from Kanpur only. For selling property what would be better having a transfer or power of attorney in my name.

Waiting for your reply.

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Devajyoti Barman (Expert) 15 August 2010
Yes you can sell but the power of attorney must be registered one. The money would be issued either in the name of the principal or the attorney.

s.subramanian (Expert) 16 August 2010
Yes.I agree with Mr.Barman.

Querist : Anonymous (Querist) 16 August 2010
Ok thanks for replying to my query. I would like to ask a few more things whether this power of attorney has to be executed from Jaipur itself or has to be done in Kanpur as the land is in Kanpur and also would I have to be present during the power of attorney being registered in my name or not.

R.Ranganathan (Expert) 16 August 2010
In some states like Tamil Nadu, the power of
Attorney has to be registered in the place where the property is situated and both the Principal and the power agent should be present and sign the Power Document alongwith the Witnesses. You check up in Registrar's office at Kanpur and then decide. Further it is always better to go in for execution of a sale deed to avoid future litigations which arise in the case of power documents.

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