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aursah29 (Software )     17 January 2012

Documents for power of attorney

Dear All,

I need a legal advice on assigining a power of attorney to land. Actually my grand father in law had some property, which he had given to my mother (his daughter) as a gift (Ayaatnaama), before her marriage. My mother was the only child of my grand father in law. But unfortunately my mother expired at the time of my delivery in 1978. TIll now, I never thought of all these since I was studying.

Now after so many years, I want to sell my land. The people in my village are willing to take power of attorney from me and then in turn sell the land. But I do have doubt on the papers which I can produce for writing the power of attorney.

I do not have the death certificate of my mother nor any other proof which can prove that I am the son of my mother. In terms of land documents , the party who wants to get the power of attorney has the details of land like khata, khesram, rakwa number of land and also has the details of malgujaari tax which payed. In all those, my grand father in law and my mother name has been mentioned. This we can submit at the time of writing the power of attorney.

Just wanted to check with you experts, in these circumstances, can I write the power of attorney of the land, as I am the legal heir of my ancestors.

 

Please advice.

 

Uday



 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     17 January 2012

No documents are required to execute the PA.

kumar (NIL)     17 January 2012

Dear Uday,

I have gone through your query about the power of attorney.  First of all let me know one thing, what kind of Power of Attorney are you executing and to whom?

Uday you have to take Legal Heir Certificate / Family Member Certification from respected authority to do the Power Of Attorney. Try to get the Medical Certificate of your mother from the respected hospital (if she dies in a hospital.  In this kind of situation if u write of Power Of Attorney also, it is invaid - until unless you will provide any document proof before the Registrar.

AJIT VIJAYKUMAR KULKARNI (TEAM LEADER)     17 January 2012

SIR

WHAT TYPE OF CARE SHOULD BE TAKEN WHILE PURCHSING

A LAND OP PLOTS

PLEASE SUGGEST ME

OR

WHAT R THE DOCUMENTS CROSSED CHECKED WHILE PURCHASING A LAND OR PLOT

REGARDS

AJIT KULKARNI

PUNE

kumar (NIL)     17 January 2012

Dear Ajit,

While purchase plot you need to verify the below documents

1. Allthe property chain (link documents)

2. Mutation Certificate (if applicable)

3. Land Use Certificate (if applicable)

4. Approved Layout copy from the respective authority

5. Land Regularisation

6. Encumbrance Certificate for last 30 years

aursah29 (Software )     27 January 2012

Thanks for your reply Kumar,  This is in continuation of documents needed for power of attorney. As I mentioned that my mother's death had happened around 34 years back in 1978. When I approached the hospital, they are saying that they dont have any dpcuments of such older date. Also at the cremation centre, I didnt able to find any.

 

Now I am trying to get an vanshawali preperaded from the approval of Mukhiya, panchayet, Anchala adhikarri of teh districut. Will this be helpful in any way as a document of proof that I am the legal heir, if all the above mentioned autority attest the vanshawali.  Also I am planning to file RTI to the hospital to give me in writing that they don;t have any supporting document of my mother death which happened around 34 years back in the hospital.

 

Can you please help me if I should look for any other supporting documents, to prove my claim that I am the right heir of the ancesstors.


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