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Mukesh Hiranandani (DGM)     24 November 2011

Property for sale

1) My parents has expired. My sister has willingly given me POA for my fathers property. Can I sell the property against the notaried POA.

2) In the propery registration card my father name is there, but my name has yet not been added. Can this become a problem for selling. Is it necessary to add my name.

 

Kindly guide



 3 Replies

ABHIJEET PARIKH (Bcom LLB MBA)     24 November 2011

As per the recent Supreme Court Directive/Judgement Agreement of Sale , POA, WILL etc cannot be used as valid instrument to sell the immovable property. So in your case A POA wont Help

I wanted to know whether ur Father filled up the nominee form in your favor if yes then u shud not have a problem in selling ur flat after trf the flat in ur name

 

regards 

1 Like

Rajesh Hazra (Mediator Mediation Counsel)     24 November 2011

Dear Friend,

Make a fresh POA wwherein you and all your sisters execute the same. As alredy pointed out correctly by Lawyer Abhijeet you need to register the same before the Registrar.

Regards

1 Like

Advocate Vishnu (Advocate)     25 November 2011

Dear Mukesh,

After your parents demise, the property will devolve on both of you .( Brother and sister)

Now if you want to sell the same, the buyer will demand a legal heir certificate and both of you will have to sign in the sale deed.


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