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swami (individual)     30 September 2013

Release deed

I have bought a property from a Power Agent a few years back. I came to know recently that thetranaction was executed after the demise of the person who gave the power to the agent. Although the title of the property is in my name, I feel that the transaction may be invalid. The sons of the original owner is willing to execute a Release Deed to be for a consideration, now. shooed go for Release Deed or Sale Deed again by the sons of the diseased? Can Release deed be given to a non-family member who is nota co-owner? I reside in Tamilnadu and the property is also located here

regards

Sam



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 4 Replies

adv.raghavan (Advocate,9444674980)     30 September 2013

what  u are holding is null and void,POA seizes to exist on death of the principal. if the legal heirs of the deceased willing to execute sale deed, and if u are willing to pay extra money for that, it can be accepted based on the following conditions: 1, legal heir certificate and death certificate of the deceased, if will is there it has to be probated, 2,Release deed cannot be accepted as the original sales it self is null and void. SO SALE DEED IS THE ONLY OPTION. and ALL THE HEIRS SHOULD SIGN THE SALE DEED. and earlier sale deed executed by power agent has to be cancelled on the same day. if u want u can file criminal complaint against POA. or OLD AGENT.

swami (individual)     01 October 2013

Thanks. This is very useful and has given me the much needed clarity. Can I have the Sale Deed Executed with the sons of the deceased, without canceling the earlier sale deed, since the title is anyway in my name

sam

adv.raghavan (Advocate,9444674980)     02 October 2013

u have a defective title, it is not valid, so u have to cancel the earlier sale deed executed by POA, and new sale deed has to be issued by legal of heirs deceased.

swami (individual)     03 October 2013

Thanks very much, sir


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