Suvajit Chakraborty (Software Professional) 26 September 2020

Need to give power of attorney to family to sell property

I need to provide my power of attorney to my mother in-order for her to sale our paternal property (land) which is jointly owned by me, my mother and my sister (post my father's death). I presently stay in a different city (Bengaluru) and my hometown is in Kolkata (West Bengal). Due to covid19 pandemic situation, I am unable to travel to my hometown for providing the power of attorney or during registration during sale. I want to know, how I can obtain the power of attorney document and send it to my mother(via registered post), so that I don't have to travel in this pandemic situation. Using which she could sell the property (land) even if I am not physically present. I hope, there must be some provision in law for this.

I need some advice on how I could get it done locally, in my present state and if I send it to my mother via post; will it be considered a valid legal document?

Please provide your guidance. You can reach me over phone or WhatsApp with my registered mobile number.

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4 Replies

Dr J C Vashista (Advocate) 27 September 2020

Contact and consult a local lawyer for execution and registration of a General Power of Attorney in favour of your mother and dispatch it through mail/ post / courier.

P. Venu (Advocate) 27 September 2020

You can authorize your masher through a duly executed Power of Attorney. The Supreme Court decision in invalidating property transactions through GPA was in a different context. It had been clarified at para 19 of the Judgment (Suraj Lamp & Industries vs State Of Haryana) that:

"19. We make it clear that our observations are not intended to in any way affect the validity of sale agreements and powers of attorney executed in genuine transactions. For example, a person may give a power of attorney to his spouse, son, daughter, brother, sister or a relative to manage his affairs or to execute a deed of conveyance. A person may enter into a development agreement with a land developer or builder for developing the land either by forming plots or by constructing apartment buildings and in that behalf execute an agreement of sale and grant a Power of Attorney empowering the developer to execute agreements of sale or conveyances in regard to individual plots of land or undivided shares in the land relating to apartments in favour of prospective purchasers. In several States, the execution of such development agreements and powers of attorney are already regulated by law and subjected to specific stamp duty. Our observations regarding `SA/GPA/WILL transactions' are not intended to apply to such bonafide/genuine transactions."