nishant arya (dgm) 09 February 2014

Power of attorney

My mother and father owned jointly a dda flat on a registered POA which they purchased from the allottee of the flat.

now my father died in 2011 which made me and my brother the legal hiers for his 50% share in the flat.

now in order to transfer the complete ownership to my our mother and make her the 100% owner , me and brother executed a relinquishment deed in her favour.

now my mother wants the flat to be freehold.

does she needs mutation firsts in dda because the R deed was registered in sub-registrars office and dda have no information about it.

the dda has the recordes of the allottees only and thus she being the poa could apply directly for freehold without mutation by using the relinquishment deed itself.

PLEASE REPLY TO THIS COMPLICATED QUERY AND SOLVE THIS FUSS.

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5 Replies

T. Kalaiselvan, Advocate (Advocate) 09 February 2014

POA will not confer the title to the property, it is a mere power to sell or to enter into a sale agreement with the prospective buyer on behalf of the principal. Alternately, the vendor may be approached to execute a sale deed in your mother's name afresh by cancelling the previous POA deed on joint names. Once the property comes on your mother's name, she will be the absolute owner of the property.

nishant arya (dgm) 09 February 2014

kindly reply to my query in detail.

secondly the allootee is not in delhi so he cannot execute the gpa again in my mothers favour again after 12 years of purchase

adv.raghavan (Advocate,9444674980) 09 February 2014

You have to initiate court proceedings against the original sellers and power agents,or their legal heirs of sellers, to come forward to do sale deed in your mothers name. that is the only way to get property transferred in your mothers name.

T. Kalaiselvan, Advocate (Advocate) 09 February 2014

The original allottee is the principal who has given powers to your mother and father jointly to sell or enter into a sale agreement of the property to any third person on his behalf and he never conferred the title of the property on their names through this POA deed, therefore your parents have never been legitimate owners of the property any time since they have not legally purchased the property through a registered sale deed executed in their favor. Now, there is no alternative than to approach the original owner(allottee) to cancel the previous POA and to execute a registered sale deed in your mother's favor or you do not have any rights over the property legally. Is it clear now?