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Gokul Eswaran (Executive)     29 December 2009

Is power of attorney mandatory??

My grandfather expired last year and left us with a property in our hometown in Tamil nadu. This is a ancestral property that  my grandfather inherited from his grandfather. My father has two sisters and so all the three of them are the legal heirs. We recently got the no objection certificate signed by the two sisters. While we are trying to sell the property, I am told that apart from a no objection, a power of attorney to this effect has to obtained from my fathers sisters and the same needs to registered in a registrar office closest. Is this true or a no objection certificate will suffice ? all your valued advises are sought here.


 7 Replies

subhash kumar (advocate)     29 December 2009

Dear, on the basis of the NOC your father has not transfered the property in your name. your father sister can execute reliquishment deed in favour of your father , now the GPA is required to sold out the property to the buyer.

Subhash kumar, adv

V. VASUDEVAN (LEGAL COUNSEL)     29 December 2009

 The additional documentation of Power of attorney will protect the buyer from any future issues and hence may be given.


Gokul Eswaran (Executive)     29 December 2009

Thank you all for your reply. Does it mean that with the NOC I will be able to transfer the property in the name of my father? In that case, should I make a fresh set of documents and get it registered in Tamil nadu?

Parveen Kr. Aggarwal (Advocate)     29 December 2009

Section 17(1)(b) of the Registration Act makes it mandatory that any document creating, declaring, assigning etc. any interest in immovable property exceeding one hundred rupees be registered. Otherwise, the same does not confer any right. So, you have to get a registered instrument from your father's sisters for relinquishment of their shares or for getting authority to execute any document.

mahesh kumar yadav (Advocate)     30 December 2009

according to my opinion apart from NOC, your father sisters should execute registered relinquisment deed or registered power of attorney infavour of your father, then your father will get absolute rights over the property

Gokul Eswaran (Executive)     04 January 2010

Thanks all for your inputs. The documents pertaining to  the property are very old and if in case a new set of the document needs to made in my fathers name, what procedures will that entail? 

nishad (Asst.Manager Legal)     05 February 2010

Best to get a Deed of Release executed by ur fathers sisters reliquishing the rights,title over the schedule property....Further get the  Deed of Release registered in the concerned SRO to be one safer side

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