Shyam Ranjan (Business) 03 March 2024

Regarding agricultural property sale

Hi,

I have got some share of agricultural property (in Tamil Nadu) and i am residing outside India and planning to sell that through power of attorney. I have 2 childrens who are born abroad and not indian citizens.

Now for selling this property, should we mention their names in Power of attorney or in sale deed or even if we dont mention that is that fine?

My understanding is since they are minor, we dont need to mention any of their names anywhere.

Please guide me properly.

Reply Follow

Quick Summary

This discussion addresses the process of selling agricultural property in Tamil Nadu using a Power of Attorney (POA) when the owner resides abroad. A key question is whether to include the names of minor children, who are not Indian citizens, on the POA or sale deed. The consensus is that if the property is self-acquired, the children's names are not necessary. However, if the property is ancestral, they have a share and their inclusion, along with court permission, may be required.

3 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 03 March 2024

If it is your own property it is not necessary to add their names and if the property is ancestral you shall mention their names (as minors represented by the natural guardian father).

T. Kalaiselvan, Advocate (Advocate) 03 March 2024

If it is your self acquired property then there's no necessity to include the names of your children to execute the registered sale deed.

Dr. J C Vashista (Advocate ) 04 March 2024

I concur the opinion and advise of learned senior experts, when subject property is self-acquired the minors are not required to be included in the transaction, otherwise (for ancestral property) they (minors) have an equal share, which can be sold with permission of jurisdictional civil court.