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Sumit More   21 February 2025

Signing authority in absence of power of attorney

My father is 77 years old and  a patient of Parkinsons & Dementia. when he was in the best of his health he has already executed his Will before the registrar. There is a piece of land that we have been trying to sell for a long time but now since he is not in a position to understand the legalities or even visit the registrar and sign the agreement to sale it has become difficult for us to proceed ahead. He has not appointed any Power of Attorney to carry on with the dealings. Is there any provision in law where i/my sister can have an authority to sign on his behalf to process the deal ahead.



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     21 February 2025

If he is the absolute owner of the property,  only he has to execute the registered document to transfer his immovable property. 

He can authorise anyone to carry out this task by executing a registered power of attorney deed but due to his mental illness that is not possible. 

Alternately a court appointed guardian can sell the property on his behalf with prior permission of court. 

1 Like

Dr. J C Vashista (Advocate )     22 February 2025

The will shall be opertaive only after the death of Testator (your father in instant case)

Your father may execute a registered PoA seeking home services of area Sub-Registrar 

1 Like

P. Venu (Advocate)     22 February 2025

In my considered opinion, the property could be sold only for the benefit of the father, that too, through a court appointed guardian.

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