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legal heir of a dead hindu wife--

(Querist) 13 June 2008 This query is : Resolved 
Hi.. A property was bought my Mrs X in 1985. She dies in 1993. She has 3 married daughters.they give the father a notarized document saying that he is the heir to his wife and they have no objection in selling the property. He gives a power of attorney to another person. the person who took the power can he sell the land. if i buy will that give me a clear title?

actually the daughters have in given a notarised rs100 stamp paper deed " authorise our father (mr X) to get the ownership of the plot...........transferred to his name.we hereby declare we have no objection in doing the same" mr X based on this gave power of atorney to mr y. can i buy from mr.y. he says he (mr y)will give a receipt of assurance for the total amount what are the problems which i will face.
kumar sachin (Expert) 13 June 2008
first verify, does tht PoA gives right to sell the property to the holder. u may purchase the same and get the sale deed executed from MrX and his daughters signs the sale deed as witness to tht transaction. but before tht ask Mr. X to get his name mutated in all the nexessary govt. records. so tht before transfering the right n title to u, Mr X should hold a legal and clear right n title over the property.
SANJAY DIXIT (Expert) 13 June 2008
Dear Gopinaath,
As the facts narrated by you; you may buy the property by Mr. y.
arunprakaash.m. (Expert) 14 June 2008
It can be only treated as a power of attorney. to get a clear title the daughters must execute RELEASE DEED and the same should be registered with the subregistrar office. The Daughters does not have a power to appoint a father as a heir. It is a legal right.
Hiralal Das (Expert) 06 April 2009
Thanks all of you.
I do agree with views and/or valuable opinions of our ld. members/friends.


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