Neeraj (xyz) 20 February 2014

Power-of-attorney-holder-died..how to register the house

Hello All,

My Father purchased a House 14 Years back in Ghaziabad from 1st Owner of the house, My father got the owners Registry done. We have that Original Registry with us.

Owner gave power of attorney in my father name with authority to sale and Transfer/gift etc. Owner also written a "will" in favor of my father stating that he or his any legel heir will not have any claim whatsoever on the said propertiy.

My Father passed away few months ago. Now we want to register said property in my mother name.

Please suggest the procedure for the same.

Thanks in advance.

Best Regards

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 20 February 2014

If the owner is alive, take him to the registrar office, ask him to execute a sale deed duly registered on your mother's name, that is the only solution available.

Neeraj (xyz) 20 February 2014

Thanks for your reply. We have agreement of sale and Payment Receipts already from those days.

What's the procedure if Original Owner might have been passed away . not sure but we need to find out.

Please suggest

Best Regards

Neelakantan Parameswaran (Partner) 21 February 2014

If the original owner too has passed away, identify his legal heirs and have all of them execute the sale Deed.

Advocate Ravinder (Advocate/Attorney) 23 February 2014

By Mere power of attorney your father (now legal heirs) will not get any title. Even by will also your father/legal heirs will not get any title. The only option is that yourself and the other legal heirs of your father have to file a declaratory suit before the local civil court making all the interested parties (including the owner and his legal heirs). If nobody contests the suit the legal heirs of father will become absolute owners and you will get good title over the property.