Presence of every family member while selling property

khokan majumdar (Querist) 16 October 2014 This query is : Resolved
Respected sir,
my friend wants to sell his house at hometown
but he is away from home.
while signing sell deeds, along with brothers & sisters his presence is necessary or not?
If so can it be done through power of attorny? please suggest.
Regards
khokanpranab majumdar

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Advocate M.Bhadra (Expert) 16 October 2014
personal presence is not necessary,he can sell his property by executing a registered Power of Attorney.

Anish Thakur 7018812737 (Expert) 16 October 2014
Presence is not necessary if he give power of attorney to another person or can also reliquish his right to other fsmily members by way of reliquishment deed.

ajay sethi (Expert) 16 October 2014
his presence may not be necessary for sale of property if registered power of attorney has been executed by friend in favour of person

Devajyoti Barman (Expert) 16 October 2014
His presence is very much necessary.
However if he gves poer of attorney someone then his presence would not be required.

Advocate Bhartesh goyal (Expert) 16 October 2014
Your friend can sale the house through registered power of attorney and in that case his presence is not required.

Rajendra K Goyal (Expert) 16 October 2014
Well advised, agree with the experts.

J K Agrawal (Expert) 16 October 2014
It is not necessary that all the persons should sigh a document at one and same time. A document can be executed in piecemeal and again and again. But after re execution by some party, re-registration is necessary.

in such a re-registration, you are not to pay stamp duty but some registration charges are payable.

So do not worry. when ever he present, you get his signature and present the document for re-registration.

malipeddi jaggarao (Expert) 17 October 2014
Best way is give power of attorney.

T. Kalaiselvan, Advocate (Expert) 19 October 2014
Yes, I agree that in case he is not able to be present physically, he may execute a power of attorney in favor of his brother or sister to proceed as his agent in the proposed sale deed execution.