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cristinadas   09 January 2015

Please help me!

Iam the only adopted son of my deceased parents, Christian by faith.and a  permanent resident of WEST BENGAL.There is an outstation immovable property in the name of my deceased mother,being the only son of my late parents,Will i be able to execute the power of attorney in favour of a third party transferring the ownership right to that third party? if yes what are the legal procedures required and what documents and ID proofs need be produced at the time of execution of the power of attorney?Secondly,in my absence is my wife competent to transfer the ownership right of the above mentioned property belonging to her late in-laws by way of power of attorney to a third party and what are the necessary documents and ID proofs she need to produce at the time of executing the power of attorney?


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     13 January 2015

Upon acquiring the intestate property of your deceased mother, you become the absolute owner of the property and you can transact with it in any manner including giving power of attorney to an agent for dealing with the property  in such further manner you desire so.  However, your wife has no such rights over this property hence she cannot execute any power of attorney on this issue.

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Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     14 January 2015

You said that you are the adopted son of your deceased parents, Christian by faith.  Such a situation, proper opinion could be formed only if it is cleared that whether the adoption has been legally recognized by any court of law.

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