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Dear Client,
Section 32(1) of the Maharashtra Co-operative Societies (MCS) Act, 1960 states that every member of the society is entitled to inspect and get copies of the Act, rules, by-laws, audited balance sheets, and other documents including a copy of registered Development Agreement and Power of Attorney either free of cost or for a prescribed fee. As per Section 32(2) of the Act, a society shall furnish to a member, on request in writing and on payment of such fees as may be prescribed the

Dear Client,
From the contents of the query, it is noted that there are series of transaction/transfer of title of the property from one hand to another and bank loans were sanctioned post verification of the title and encumbrance of the property documents during the last 45 years and no body raised a question about the status or validity of the title of the said property. So, in view of the facts and allied circumstances, the title and encumbrance status of the property seems to be okay. Howev

Dear Client,
Your query lacks information and transparency to address it properly. Your query does not indicate whether the property of your father is ancestral or self-acquired. In case of ancestral property, an individual gets the right to the said property by birth, and in case of self-acquired property, if left intestate, i.e, without any WILL, all the surviving legal heirs are entitled to an equal share in the said property. However, regardless of nature or class of property, until and unl

Dear Client,
In the case of testamentary succession, the first step in transferring a property to a beneficiary as per a Will is to either get the will probated or get letters of administration (LOA) from the Court having jurisdiction over the property left by the deceased owner. Probate of a will is necessary to transfer the deceased's property into the name of the beneficiaries and conclusive proof that the will was executed validly and is the deceased’s last Will. The executor of the will

Dear Client,
A deed of rectification is required to rectify the error or omission in the original deed with the prior permission of the jurisdictional Registrar/Sub-Registrar who registered the original deed. Both parties to the deed of sale(Seller & Buyer) must consent to the revisions requested and attend at the sub-registrar's office for the registration rectification deed under Section 17 of the Indian Registration Act, 1908, and is a perfectly legal way to correct errors or omissions in a

Dear Client,
A person who stays abroad can execute a General Power of Attorney(GPA)/Special Power of Attorney(SPA) abroad, but the process is slightly different. His first step is to visit the Indian Embassy or Consulate of the concerned country. They will notarize the GPA/SPA for him. Depending on the country, he or she needs to get the GPA/SPA apostille. This is an international certification comparable to notarization that confirms the authenticity of a document for use in another country th

Dear Client,
Your query lacks information, and also owing to a lack of representation of facts, it creates a lot of confusion. However, be informed that regardless of the nature and class of immovable property, mutation of property is required for all properties that transfer from one hand to another, including property sales and purchases, property owner death, inheritance, gifts, and purchases made under Power of Attorney (PoA). When land allotted by the Ghaziabad Development Authority (GDA)

Dear Client,
Unless a General Power of Attorney(GPA) is registered under the Registration Act, paying the requisite stamp duty and registration fees, the document will have no legal validity or enforceability and will be inadmissible for all purposes for lack of its evidentiary value. Further, be informed that based on a standalone legal heir certicate, the Court shall not transfer the intestate property of your deceased father, unless a civil suit for partition of the said property is filed by

Dear Client,
From the contents of the query, it appears that the Bank has taken the right stand on the subject. When a document(POA) does not expressly mention the power of the constituted attorneys, it becomes an implied condition to be adhered to by both the Attorney of the POA to execute a sale deed jointly. So, based on the findings of the lending Bank, the property which was transferred between multiple hands thereafter may be vitiated as being infructuous and impermissible under the law, o

Dear Client,
If the Power of Attorny is executed by the principal/executor empowering the constituted attorney to do so, the attorney can swear an Affidavit, otherwise not. An attorney cannot travel beyond the power conferred upon him under the POA by the principal. You can verify the document(POA) by obtaining a certified copy of POA from the concerned office of he Registrar/Sub-Registrar where the POA was registered.