My father owned a property in Delhi based of General power of attorney on 1986. Owner of the property and my father died.
Kindly guide as how can I register this property legally
What are the legal steps should be taken in order to register the property.
Hi
Power of attorney gives righ to a person to carry out the responsibilities/ work on behalf of another. A General Power of Attorney (GPA) can be registered at teh sub registrar's office to get a legal validity and is valid only till the lifetime of the principal.
Typically, upon the death of a person, the property bequeaths upon his testator mentioned in the will and in the absence of a bill, the Hindu Succession Act prevails. Thus, property cannot be transferred through a GPA as per the law laid down for the same.
It is pertinent to note the decision of Supreme Court (SC) in this regard. The Apex in its 2011 order in the case of Suraj Lamp & Industries (P) vs State Of Haryana & Anr SLP (C) NO.13917 OF 2009 stated that a power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property. However, the judgment also noted that registration cannot be barred in genuine cases.
Subsequent to the ruling, the Delhi government, in 2012, issued a circular banning the sale of property through GPA, a will and agreement to sell, collectively or separately.
Therefore, if the registrar is satisfied with the genuineness of the case, he may permit registration of the GPA and sale in furtherance thereof.
The following documents will be required to be submitted for regostration:
- Affidavit on Non-judicial stamp paper of Rs. 10/- regarding survived legal heirs from the transferee duly attested.
- Consent letter on Rs. 100/- non-judicial stamp paper from other Legal heirs duly registered.
- Indemnity Bond on Rs. 100/- non-judicial stamp paper from the transferee duly registered.
- Registration certificate in original.
- Fixed Deposit Receipt in original.
- Death certificate in original.
- Photograph and specimen signatures of the transferee duly attested.
- Documentary evidence of relationship i.e. attested photo copy of:
- Ration card, Passport, etc., or
- School Leaving Certificate, etc.
Best regards,
Megha
