Amol Patil 09 August 2020

SELL OF PROPERTY WITHOUT CO APPLICANT

I want to sell my own property without co-applicant.
Currently my mother is in native place so it's impossible her to come here in Mumbai.
So can I sell the property without her?

Please Guide.

Reply Follow

Quick Summary

This discussion addresses the possibility of selling a property when a co-owner, in this case, the mother, is unable to be present. The primary solution suggested is for the mother to grant a Power of Attorney (POA) to the individual selling the property. This legal document would authorise the attorney to act on her behalf, enabling the sale of her share of the property as well.

4 Replies

KS Johal 09 August 2020

What do you mean 'currently mother is in native place'?

Dr J C Vashista (Advocate) 09 August 2020

Presumably you are referring the terminology for "co-owner" and erronously mentioned in your post as "co-applicant", is it so ?

If so, she may authorise, grant and appoint you as her attorney by executing a Power of Attorney.

P. Venu (Advocate) 09 August 2020

You have not posted the complete facts. How is that the mother is the joint holder of the property.

sribhusan sukla (Free Legal Consultations) 11 August 2020

Yes, what Mr Basis the says is correct. By virtue of being attorney holder, you can transfer your mother's share too. Even you can transfer your share in the property subject local amendment of Indian Registration Act does not stipulate any precondition for its registration. Or else, you can transfer what ever right you have in the property. If property has not been divided by metes and bound, the purchaser may do it later with your mother.