Problem relating to Agreement to Sell(sale)
Goutam
(Querist) 26 September 2010
This query is : Resolved
1. My elder brother executed a power of the attorney for aparticular property in favour of me. In which it is specially mentioned that the person in favour of which the power of attorney has been executed (He can sell that property or register that property in favour of his name).
2.During the lifetime of my elder brother i have made an agreement to sell that property in favour of my son.
3. After 15 days of making an agreement to sell of that particular property my elder brother has dead.
4. According to law there is no value of that power of attorney which is executed by the deceased elder brother.
5. ( I have made an agreement to sell the property because the registration process is closed by the govt. till now for that area.)
Plz tell me that:-
1.The neccesity or acceptence of the legal heirs of my elder brother is must for the extending of the time period of the agreement to sale which is earlier done by me.
2. Only i am able to extend the time period for agreement to sell.
3.Inform or send notice to the legal heirs of my elder brother regarding this deed is essential or not.
4.The time period will be extended only in the presence of the legal heirs and only by their signature or by giving their statement that they have not any objection regarding the agreement to sell.
Uma parameswaran
(Expert) 27 September 2010
1.Legal heirs consent is necessary.
2.You have no right over the property.
3.You can inform them.
4.The legal heirs needs to give you the POA.
Chanchal Nag Chowdhury
(Expert) 27 September 2010
The POA has expired with the death of your brother & it is presently worthless excepting for proving the factum of execution of POA in your favour.
Your queries have been fully answered by Uma.
