Govindarajan S 10 June 2022

Poa by son to widowed mother on res land property

In a family of three, husband died intestate, leaving behind a residential land plot. Son proceeds overseas for pursuing post graduation, renouncing his claim on land property in favour of widowed mother, for her living security. Can he state his no claim on the property and grant a POA in favour of mother to sell it? A family tree certificate is issued by Govt dept certifying only two surviving members of family.

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A son, after his father's passing, wishes to grant his widowed mother a Power of Attorney (POA) to sell their residential land so he can pursue studies abroad. While he can grant a POA, formally relinquishing his rights requires a deed. If the mother intends to sell, either a POA or a relinquishing deed is sufficient. If not, the property can remain jointly owned.

2 Replies

P. Venu (Advocate) 16 June 2022

He can give the PoA.

But relinquishing his reghts is possible only through a duly executed deed. If such a deed is executed there is no need for any PoA.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 17 June 2022

POA or Relinquishing Deed, only one of them is enough, POA or Relinquishing Deed is required only if the Mother wishes to sell the property. Otherwise, the property may continue to be in the joint name of Mother and Son.