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Sayed Maqsood Ahmed   15 July 2022

sell of flat

dear Sir,

1. I purchased a flat in Pune Maharashtra on my own money ie. bank loan, in 2000, by giving a power of attorney to wife,who had finalised the sale deed through a builder and registered the flat in the sub registrar office in my absence since I was out of country.

2. Now, I want to sell this flat. Hope I can sell the flat without the presence of my wife, in the sub registrar office.

3. if I sell the flat under 50 lakhs, I think I need not have to pay 1 % TDS.

4. what more taxes etc. should I have to pay being the seller of the flat

Your quick and valuable opinion on the above questions would be highly appreciated.


Learning

 9 Replies

G.L.N. Prasad (Retired employee.)     16 July 2022

If the flat is registered in your name, do not bother about the sale, as it is left to the purchaser to verify further facts.

Sayed Maqsood Ahmed   16 July 2022

Dear Sir,

The muncipal corporation tax and light bill are being issued in my name,but the flat maintenance receipts are issued in my wife's name. 

Can I request the society to issue the maintenance receipts in my name only to avoid any technical issue when I sell my flat 

Best regards 

G.L.N. Prasad (Retired employee.)     16 July 2022

If the TITLE DEED IS IN YOUR NAME, request society to change the name.  Absolutely, there appears no problem.

Sayed Maqsood Ahmed   16 July 2022

Dear Sir 

Sorry Just I checked now  the flat is registered in my name and my wifes name. But I issued the  PoA in my wifes name but she signed for me amd herself on the registered deed. So in this case,I cannot alone sell the flat.

My wife's presence in sub registrar's office is also essential to execute the sale deed

Please advice legal option. Or can I get  POA from my wife to sell the flat in her absence 

Kindly provide your valuable legal input

Best regards 

G.L.N. Prasad (Retired employee.)     16 July 2022

You can get such POA draft from the advocate giving you authorization through POAto sell such Flat No...in favour of....as she can not personally attend for such work.   It all depends on the purchaser.  It appears that there may be deeper issues involved (I may be wrong) as an owner not knowing in whose name the flat is registered appears strange.

SHIRISH PAWAR, 7738990900 (Advocate)     16 July 2022

Hello,

The flat is in your and your wife's name so your wife's presence is required for registering the sale deed. However, you can get the power of attorney of your wife in your name for selling the flat in her absence. 

Sayed Maqsood Ahmed   16 July 2022

Many thank advocate Pawar for your legal views.

Best regards 

Dr J C Vashista (Advocate)     17 July 2022

Both of you are required to be present, sign and execute sale deed before Sub-Registrar.

However, PoA of either of you (absentee) in favour of other one will also work.

Sayed Maqsood Ahmed   17 July 2022

Many thanks learned sir for your valuable legal advice 

Best regards 


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