Neeraj (clerk) 26 July 2009

Power of Attorney holder Died.. what to do now

Hi,

One of my relative bought a flat on Power of attorney. Now the relative died.Now , Please advice, how relatives legal heir can register/trasnfer property in thier names.

Thanks

Reply Follow

5 Replies

A V Vishal (Advocate) 26 July 2009

Neeraj

Your query is a bit unclear can u clarify the query once again giving the complete facts of the case.

1 Like

M. PIRAVI PERUMAL (Advocate & Consumer Rights) 26 July 2009

Need clarity to answer the query.

Neeraj (clerk) 26 July 2009

Let me to give you more details. It is very common pratice in Delhi/NCR to buy and sell property on POA. Now my relative bought flat on Power on attorney who died 2 years back. This property was earlier sold by many poeple on POA only. Now the person who sold this flat to my relative is asking money to register this flat in the name of legal heir of my relative. Now please advice what is the legal procedure to register/transfer property in the name of legal heir. we dont want to go to the person who solve the flat on POA as he is taking advantage of the situation.

the property is in the possesion of legal heir of the relative. Now the worry for the legal heir is that how to transfer this thier name since father died. The father bought the property in his name on POA. Please advice.

Adinath@Avinash Patil (advocate) 13 October 2009

YOU APPROACH DIERECTLY CITY SURVEY OFFICER ALONG WITH SALE DEED AND DEATH CERTICATE OF FATHER SUPPORTED BY AFFIDAVIT REGARDIND LEGAL HEIRS AND FILE APPLICATION FOR ENTER HEIRS NAME ON PROPERTY CARD.

G V S Jagannadha Rao (-) 15 November 2009

Your question is still not clear. If you are saying that your relative say A purchased the property from B and this transaction of sale was handled by his POA say P, then if P dies, the property does not go P's legal heirs but it would still belong to A. But if A gave money to P to buy property and P purchased the property in his own name, it is not POA, but a benami transaction. Upon demise of A, the property will devolve upon his legal heirs. If A is a Hindu, the property will devolve upon his wife and all his children, each of whom will take one share. This transfer of property is by opearation of law and in this case, the legal heirs may get the property mutated in their names in Municipal records by furnishing a copy of death certificate of A.

I suggest you write the names of the parties as mentioned in the sale deed for us to understand your case better.