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kanan   03 October 2018

Sale deed executed by karta as POA of co parcenery

karta executed sale deed as POA holder of other coparcenry. notarized and sold the HUF PROPERTY. is this sale is valid and lawful.sale deed registration done at sub registrar office.



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 10 Replies

Vijay Raj Mahajan (Advocate)     03 October 2018

POA should be registered if executed in India but if executed in foreign countries, it should be notarized, and bear apostle stamp on it. Or duly notarized by Indian High Commission or Indian Consulate in the country where it is being executed by other coparceners.
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kanan   03 October 2018

thanks sir what about validity of sale deed registered with notarized POA

Dr J C Vashista (Advocate)     03 October 2018

Transaction and execution of Sale documents on behalf of granter of attorney must be registered. Notary attested PoA is invalid.

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G.L.N. Prasad (Retired employee.)     03 October 2018

If it is for legally valid purposes for support of the family, Karta's action can bind other co-parcenors in undivided family and their POA is additional proof.  But the necessity for the family and circumstances like admission etc., are important.

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v v seetha rama rao (Advocate)     03 October 2018

IF THE SAID POA IS NOTARIZED IN OUT OF INDIA , SUCH POA'S SHOUD BE ADJUDICATED BY THE CONCERNED DISTRICT REGISTRAR AS PER THE SECTION 18 .RULE IN INDIAN STAMP ACT 1899 , THEN ONLY IT IS A VALID POA.

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kanan   03 October 2018

sir POA Notarized in India in favour of Karta by other 2 members of the family who are NRI

GANDHI MOHAN BHARATI (Pensioner)     03 October 2018

Is it necessary for Karta to get consentof Other co-parceners in sale of immovable property?

N.K.Assumi (Advocate)     03 October 2018

Except in the case of legal necessity and for the benefits of the HUF estate, Karta is require to take the consent of other surviving coparcener in any alienation of joint property. 

GANDHI MOHAN BHARATI (Pensioner)     03 October 2018

How exactly do we define "for the benefits of HUF Estate" ?

N.K.Assumi (Advocate)     03 October 2018

Sir, I don't want to go back to my Law College in Family Law subject in discourse of  Karta, Coparcenary, Joint family and HUF Estate etc. Please contact some local lawyer or your nearest Law College.. 


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