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Vishal Salvi   22 May 2024

Selling a property through release deed?

My mother was a bedridden patient and had own a property in Maharashtra. She created a Registered Power of Attorney and gave me, his only son, the rights to sell the property. A registered release deed was also created which gave the title rights to me of 50% sharing. Unfortunately, my mother passed away amidst the processing the sale of the property. How to sell this property now under such circumstance?


 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     22 May 2024

Power of attorney ceases to exist on the death of the principal

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T. Kalaiselvan, Advocate (Advocate)     22 May 2024

Upon the death of your mother the power of attorney deed given in your favor stands terminated.

However as you said that she had executed a registerd release deed relinquishing her rihgts in the property, you become the absolute owner of the entire property by the virtue of the release deed. 

You can sell the property independently to the prospective bvuyer

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Parth Chawla (Lawyer)     22 May 2024


I have read your query and would like to answer it. A power of attorney is a legal document that allows an individual to give authority to another individual to act on his behalf. The person who assigns the authority is referred to as the ‘Principal’ or the ‘Donor’ and the person who has been assigned as the authority is the ‘Agent’ or the ‘Donee’.

Now, upon the death of the principal the agent's authority under a power of attorney ends automatically. This is because a POA is designed to give the agent authority to act on behalf of a living person. Once the principal is deceased, they can no longer make decisions or take actions unless the POA document itself must explicitly state that it is durable and continues to be valid after the principal's death.

Assuming that the POA is not durable, now if the principal has written a will, then it will be executed by carrying out the demands of the principal by the person assigned as executor.

In your case since your mother has relinquished 50% share to you through release deed which makes it is your separate share in the property and you are the sole owner of it. Now, the rest of the 50% is still undivided, therefore, in order to sell the property, certain steps need to be followed, firstly, if there is any will written by your mother then it needs to be executed, Secondly, if your mother has died intestate then the rest of the remaining 50% property needs to be devolved by way of succession. Section 13(1) of Hindu Succession Act, 1956 provides general rules of succession in the case of female Hindu as:

      A) Firstly, Upon the children and husband of the deceased.

You can, obtain succession certificate from the court. This document establishes you and any other legal heirs (daughters or husband) as the legal inheritors of your mother's property, it will specify that every legal heir will get one share each. All the legal heirs can now sell the property jointly with written consent or if there is no consent then there is an option of partition of the property.

If you are the only surviving legal heir then you can inherit the remaining property by way of succession, which will give you the absolute right over the property and its status will be as your self-acquired or separate property.

Hope this helps you with your query.


Parth Chawla

2 Like

T. Kalaiselvan, Advocate (Advocate)     22 May 2024

Additionally, if you are the only legal heir to your mother then on the basis of legal heirship certificate and the release deed in your favour, you may get the revenue records of the entire property to your name by submitting an application to the concerned revenue authorities,.

You can comply with the requirements properly so that you can become an absolute owner of the entire property with clear and marketable title to your name, and sell the property.

1 Like

Aadil (Student)     23 May 2024

Dear Vishal Salvi,

Thank you for your query! I am Aadil and I will try to answer your question.


The short answer to your question is YES. You may sell this property.


The Power of Attorney is only valid as long as the grantor or donor ( the person on whose behalf the person granted the power of attorney acts ) is alive. This means that after the death of the grantor, the Power of Attorney is automatically revoked. 

A release deed is used to release one party from any legal claims and responsibilities in the future, and is mainly used to transfer property. Release deed is governed by Transfer of Property Act, 1882. 


Coming to the question, since your mother passed away before the sale was completed, you can have ownership of said land as you are a legal heir to your mother.  The son is a legal heir to the properties left over by a female dying intestate as per the Hindu Succession Act, 1956. Therefore, the property that was left after the property you were granted with the release deed is now under your complete ownership and you may sell it to any individual you choose.

I hope this helps. Thank you for your time and patience!




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