jass (artist) 22 November 2015

Legal hiers issue of presence for sale of property

Dear Sir

We have a property in Orissa and my mother expired 20 years back and My father expired 6 years and left behind a 1bhk house for 4 legal hiers. As all are apart from property place so want to sale and take individual share. But all are agree to come for any legal formality but except one who stays bit far Haryana so in that case he insist us to use his affidavit on one of our name to go ahead on his behalf. So our question is it possible or is there any other way to or paper worksso he can make from Haryana which can works as legally to sale without his presence.He is nt well and cant travel so far Orissa.

Please help us.

Reply Follow

3 Replies

Adv. Yogen Kakade (+ 91 9225510883) 23 November 2015

Hi,

As per the details mentioned by you, your brother's affidavit cannot be submitted to execute a sale deed.

To register the sale deed on his behalf, he has to execute a Power of Attorney in any of yours name to sign and execute the documents related to the said property on his behalf and register the same at Haryana and the original copy should be sent to you.

You can attach the same Power of Attorney to the sale deed and sign on his behalf.

Adv. Yogen P. Kakade, Pune

juryconincorporation@gmail.com
www.juryconn.in

Advocate Ravinder (Advocate/Attorney) 24 November 2015

I Agree with Jurycon, but one slight change. Power of Attorney need not be registered as it does not involve transfer of property. It is only a right to sell the property.