POA from Mother to Sons for Ancestral Property
5 months ago
We have ancestral property in the village & my mom is one of the co-owners along with her sister & 2 bothers. With mutual consent, they will be transfering different units of the farm land within themselves. Unfortunately, she is not fit make the long journey for signatures. She is ok with her 2 sons to execute the deed & even sell the property on her behalf using POA. What are formalities needed to create such a POA and is her physical presence needed at the remote Village during POA creation?
A.Dear Client,
Until and unless an ancestral property is partitioned through a deed of partition following the order of partition suit, and all the coparceners/legal heirs are in possession of their individual share in the said property, a coparcener cannot transfer her/his share in favour of other co-owner/legal heir or sale it to others. The transfer of title of any property can be transferred by a registered Power of Attorney in compliance with necessary formalities and the executor of the POA is required to be present before the Registering Authority because now registration is done through Aadhaar-based biometric verification that requires the physical presence of Executor of the POA or any other documents. However, as per Sec.33(1)(c)(i) of the Registration Act, 1908, persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend is not required to attend at any registration office or Court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section. As per Sec.33(3) of the Act, in the case of every such person, to obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar or Magistrate may either himself go to the house of the person purporting to be the principal, and examine him, or issue a commission for his/her examination on receipt of an application from the principal/executor along with money receipt of deposited fees required for the purpose of visit and commission. This process is typically known as the execution and registration of documents through commission. So, in compliance with the provision of the relevant Act, you need to make an application to the Registrar or Sub-Registrar concerned requesting the execution of the document through the commission and get the POA registered paying the required fees and stamp duty for the purpose.
Until and unless an ancestral property is partitioned through a deed of partition following the order of partition suit, and all the coparceners/legal heirs are in possession of their individual share in the said property, a coparcener cannot transfer her/his share in favour of other co-owner/legal heir or sale it to others. The transfer of title of any property can be transferred by a registered Power of Attorney in compliance with necessary formalities and the executor of the POA is required to be present before the Registering Authority because now registration is done through Aadhaar-based biometric verification that requires the physical presence of Executor of the POA or any other documents. However, as per Sec.33(1)(c)(i) of the Registration Act, 1908, persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend is not required to attend at any registration office or Court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section. As per Sec.33(3) of the Act, in the case of every such person, to obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar or Magistrate may either himself go to the house of the person purporting to be the principal, and examine him, or issue a commission for his/her examination on receipt of an application from the principal/executor along with money receipt of deposited fees required for the purpose of visit and commission. This process is typically known as the execution and registration of documents through commission. So, in compliance with the provision of the relevant Act, you need to make an application to the Registrar or Sub-Registrar concerned requesting the execution of the document through the commission and get the POA registered paying the required fees and stamp duty for the purpose.
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A.The POA document should be signed by your mother in the presence of a notary public. The notary will verify her identity and witness her signature. Notarization is essential for the document's validity.
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A.In India, you can create a Power of Attorney (POA) to give someone else the authority to act on your behalf in property transactions, including the transfer of ancestral property. Your mother can grant a POA to one or both of her sons to execute the property transfer deeds or sell the property on her behalf without her physical presence at the remote village. The POA document should be drafted clearly and precisely. It should state the specific powers being granted, such as the authority to execute property transfer deeds or sell the property. Specify the property details and the purpose for which the POA is being granted. The POA document may require stamp duty, depending on the state in India where it is executed. Stamp duty rates vary from state to state. You should check the applicable stamp duty rates and pay the required amount.
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