Aparna Payal 23 April 2025

Flat bought on poa but both parties dead now

My father bought flat in ghaziabad in 1998 thru PoA by paying all dues on that flat and money to owner at that time.

He died in 2020 without any legal will and did not transfer the POA. The old owner laso died long 10 years ago.

Now how can I sell this flat or register in my name

Quick Summary

This discussion concerns a flat purchased in 1998 via a Power of Attorney (POA). The original owner and the father who bought the flat have both passed away without transferring the property's title. The main question is how to now sell the flat or register it in the son's name. Experts advise that a POA is not a title deed. To gain ownership, the legal heirs of the original owner must execute a registered sale deed in favour of the son or the legal heirs of the father.

4 Replies

Sidhhi 23 April 2025

Why you had to go for PoA route? Is the flat transferred in your father's name?

T. Kalaiselvan, Advocate (Advocate) 23 April 2025

The POA deed is not a title deed hence you cannot claim ownership to the proeprty.

If at all you want to have the property registered to your names then you can approach the legal heirs of the deceased owner and request them to execute a registered sale deed in your favor or in favor of the legal heirs of the deceased power holder.

kavksatyanarayana (subregistrar/supdt.(retired)) 23 April 2025

Yes. You shall request the legal heirs of the POA principal (owner) to execute a sale deed in your favour.

Dr. J C Vashista (Advocate ) 24 April 2025

Get the title (Ownership) transferred in your name by LRs of vendor as advised by learned experts hereinabove, which I fully agree and appreciate their opinion and advise.