LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kiran (Consultant)     23 February 2010

Father's property - Need assitance

Hi Everyone, My father is the owner of 10 cents of land in Kerala. He expired last year. He is survived by his mother, wife, daughter and son(me). We all are staying in Bangalore. Now we need to dispose off this land as we need some money. My question is that for selling the land should all of us need to go to the subregistar office in Kerala for signing the document. My grandmother is old and cannot travel. Is there any alternative? Thanks, Kiran


 6 Replies

ravi chander d j (Consultant)     23 February 2010

My first question, is - is the propety self acquired or inherited.  If inheritted, how did it devolve on himself.

If the property is inherited what is the share of your grand mother or what is the percentage of share of your grandmother. 

If the answer to the above is negative, then your grandmother need not sign or transfer the property hence there is no need for her to travel to your hometown.

If the property is self acquired, then the legal heirs of the said property will be yourself, your mother and your sister, meaning the ownership of the said property will be in equal share to all his legal heirs.

In such a situation, all the persons have to execute the sale deed, alternatively, the persons who cannot travel to your home town can execute a power of attroney, in your favour to register the property

Kiran (Consultant)     23 February 2010

Thanks Mr. Ravi Chander.  The property is inherited.  My great grand father had given 10 cents to my father (the land that we are currently discussing about) and another 10 cents to my grand mother during the partition of entire family land.  My grandmother has already sold her peice of land.  Hence would my grandmother's signature be required for my father's land? Also, when you say a POA, should it be registered and can I do the same at the bangalore sub registrar office?

ad. creaminall (professional Advocate)     23 February 2010

you should get the POA from all other family members in your favour and for the safeside it will be better to get it register before the sub registrar at bangalore.

ravi chander d j (Consultant)     24 February 2010

Your grandmother's signature is not necessary for the sale of your father's property, since she has not rights in the said property.  Since it is inheritted, all the legal heirs of your father still have a right in the said property.  You have to get the POA registered, and the same can be done in bangalore, at  present PAO can be done on a Rs. 100 stamp duty and be registered.

chandrakant (Advocate)     24 February 2010

One of you obtain Power of Attorney of your grandmother to execute the Deed

Kiran (Consultant)     24 February 2010

Thanks Everyone for your valuable Suggestions!!!

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register