mahesh bhatia 23 August 2021

Help required to understand legal aspect of property

Respected Sir , we are 3 Brothers and 1 SISTER , My father was working in Muncipal corporation ( Govt ) so he had bought partial plot on his friends name which this friend transfered to my mothers name after death of my father , As my Mother is living with Older brother i am not having much idea about later transactions happened , Recently my mother told me that she is planning to sell this plot So that she can use that money in case of any health issues , i feel there may be some other reasons behind this and older brother is searching for the customers ,

Sir my Question is , If this plot is bought by mother or indirectly got from my father ( Her husband ) Then Is there any way to stop this sell ? if yes pls Guide ,

I don;t know whether she has given any Authority to Older brother or not as we have less Communication related to this kind of matters

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Ananya Gosain 27 August 2021

If your mother is the sole owner listed on the deed she will only have the right of possession, right to its use, right of way, right to transfer it, and the right to earn rent from the property. An owner can transfer his property by gifting or selling it. A sale deed, or any document through which the ownership rights are transferred, is a document that gives evidence of an individual's ownership of a property. Rights in property can be transferred only on execution and registration of a sale deed in favor of the buyer.

Under the law, any person who owns a property and is competent to contract can transfer it in favor of another. If the owner gives another individual power of attorney (POA), in your case your older brother, that person can sell it under this authority. A POA gives another person the power to act on behalf of the owner. However, if the POA only grants a person the authority to manage the property, he cannot sell it.

Registration in the name of the seller by the person transferring property is crucial for the transfer of clear title in favor of the new owner, which is done after the payment of appropriate stamp duty, as prevalent in the State.

Regards