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Venkatachalam Kolandaiya
Posted 1 month ago
How to settle the property amongst three daughters amicably and legally ?
My father in law has three married daughters and no son(s). He is 85 years old and has living wife who is 82 years. He wants to settle his self earned agricultural Property to his 3 daughters in equal proportions. Since he is in need of money, he wants to have selling rights during his lifetime. For this arrangement, we plan to obtain SPA from each of the daughters in his name for selling right. The issue here is, one of the sons in law is a trouble maker and would go to the extent of his wife cancelling the SPA since he is not interested in selling but wants a hold on his share.
My question is :
(1) Is there any form of SPA where 3 daughters give SPA as a single document appointing their father as POWER AGENT but at the same time, any of these 3 can't cancel SPA individually and could be cancelled only jointly.
(2) Is there any irrevocable SPA which could be adopted in the present situation ?
My father in law lives in Tiruppur district, Tamil Naduand his agricultural land in question is located in Trichy district, Tamilnadu.
Posted by :
K. Venkatachalam
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A. The way your father-in-law wants to do the transaction is like going in circles. He wants to give away the self acquired property to his daughters but wants to keep the selling rights to himself by getting PoA from them. This will complicate the matter and transaction.
Better let him write a will giving equal share to his daughters and the property will directly go to them after his demise. And as long as he is alive he can sell the property when needed.
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Anonymous
Posted 2 months ago
I have purchased a property 100 sq. yard plot in 2011 on GPA in which me and my brother was owner for their share 50 sq.yard each. In 2014, he sold his share of 50 sq. yard by fake signing from my side and one of my relatives showing as expectant without my & my relatives knowledge.
Now please suggest what should i do?
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A. File a complaint in the local P.S. as soon as possible and thereafter file a suit for declaration of such registration as null and void.
Thanks
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ALOK KUMAR
Posted 2 months ago
I had given a power of Attorney to a property dealer in the year 2006 It was registered in Kiccha Udhamsingh Nagar Rudrapur giving him rights to sell my share in a joint property owned by three of us .A court case was going on in the district court at bareilly when this POA TO SELL was done ..The case is still going on after 20 years have passed and is in the court of civil judge Senior division Recently he passed an order that if any of the share holder wants to sell his share he can do so among his cousion brothers.As the supreme court has banned POA TO sell in case of immovable property ...in 2011..then in that case
Can that property dealer whom i gave POA to sell could have gone into an agreement to sell or could have done registry of my share before 2011.to someone else?
Please note that the case is pending in the court since 1999...
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A. Dear Sir,
If any sale was made before 2011 on the basis of your POA then you may challenge the same on many grounds like you have not received consideration from your agent who was holder of POA.
Please call me and take legal consultancy on my mobile through the administrators of this website.
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ALOK KUMAR
Posted 2 months ago
My grandfather through his registered will had given share to all the three sons in which he mentioned that his sons in their life time will not be able to sell the property but his grandsons can sell it but with a clause that if any one the grandsons want to sell his share he will have to ask the other two cousions if they are willing to buy his share if they say No then he can sell it to any outsider .One of the grandsons had taken a stay order restraining his both cousion brothers to sell the share outside ..and the case since 1998 till now is going on ..
In the year 2006 I gave a power of attorney to sell my share to a person A during pendency of the suit and the stay on me ..and he got it registered in Kiccha Udham singh Nagar Uttranchal ..I would like to know that during a stay order & pendency of the case on me in the civil court senior division can he still get a registered sale deed or do registry or agreement to sell to any other person...will that document hold any legality in the court of law..
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A. Dear Sir,
GPA sales are banned by Supreme Court from 2011.
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Shiv shambhu Chatterjee
Posted 3 months ago
Sir
I want Power of attorney from my mother who stays in palwal how it can be done .pls tell me the procedure and fees . Details after appointment with you
Thanks
Shiv Chatterjee
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A. Hire someone to draft a general power of attorney or specific power of attorney as you wish. Notarize the same on a stamp paper of Rs. 500. We charge rs. 2000 for drafting the same.
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Anonymous
Posted 5 months ago
I ventured in a development contract with a builder, on my own property in Goa. Initially, since i am a resident in Pune, I had prepared a POA in favor of the builder to ensure all the sale deeds, etc are carried out by him on my behalf so that my physical presence would not be required in Goa. Now i am instructed by the builder to prepare a POA in favor of my cousin brother to carry out the formalities of sales deed, registration etc of the flats sold as there is a new rule by the supreme court that the builder cannot carry out these formalities.
Is this accurate information? If yes, is it safe to assume that the POA i draft in my cousin's name will not lead to any conflicts later?
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A. Dear Sir,
Poa sales altogether banned by SC.
Gift Deed – once registred no cancellation
A gift is a money or house, shares, jewellery, etc. that is received without thought, or merely an asset acquired without making a payment against it and is a capital asset for the ‘Recipient.’ It can be as cash or movable property or immovable property.
If you might want to gift the property to any of your blood relatives, Gift deed can be used. In the case of immovable property, it is required to register the Gift Deed as per Section 17 of the Registration Act, 1908.
This kind of transfer is unavoidable. When you gift the assets like land, it belongs to the beneficiary or receiver of the gift and you cannot switch the transfer or even ask money related compensation.
It can be a cost effective method of transferring the ownership.
For full procedure contact me on mobile through Vidhikarya.
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Please visit the following link.
https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Anonymous
Posted 8 months ago
Jawab Hinglish me dena .
Mujhko English nahi aati.
Agar Property / land ki ownership Power of attorney ke madhyam se transfer kardu, to kya usme ke baat mention kar sakta hu kya ki ye Power of attorney 300 years ki hai aur agar principal ( yani mai) ki death hone ke baad bhi ye Power of attorney valid rahegi.
Ya aisa nahi kar sakta ???????
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A. dear client After the death of a person his power of attorney become invalid.
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Anonymous
Posted 8 months ago
My wife along with 1 sister and 2 brothers jointly co own a property in UP. This property is to be rented to a bank and lease agreement to be entered . One of the owner since living in USA has executed Power of attorney in favour of my wife for representing him/signing the lease agreement on his behalf and sent to her after getting it attested by public notary. Bank however is asking for registration of this POA. Wd like to know whether notorized POA in itself not sufficient ? If no then how & where at Gwalior the holder can get the notorized POA registered?
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A. Dear Client,
While entering in to an Agreement with the Bank, the land owner/land owners are required to sign a lease deed as required under law.Secondly, Notorised Power of Attorney is more than enough to sign all legal papers on behalf of the person who is absent.
Shanti Ranjan Behera
Advocate
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ROHITH R
Posted 9 months ago
Hi,
I want to purchase a flat but the owner is not present in India and he cannot stay here for more days. His suggestion is that he can come for sale deed registration. Since I am taking home loan, I have execute sale agreement first and then the sale deed. So my question is
1. Is GPA valid for sale agreement? Their son-in-law is present in bangalore ( they have 2 children, one son-in-law is in bangalore)
2. They have not executed GPA till now, is the presence of owner is required in bangalore to perform GPA? Without the presence of owner how can we execute GPA. Owner is in Quotar so notarized GPA will work?
3.i have not met owner till now, so how can I make sure that no cheating is happening. I have to pay 15%amount during sale agreement
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A. Dear client GPA is necessary for execution of sale deed.kindly try to get GPA with the presence of owner
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Anonymous
Posted 9 months ago
Rent earned through my house should not be considered under my income and ultimately taxable through my account. Can POA favoring my relatives regarding rental income and others be executed for the purpose and will be valid? Will it address my concern of taxable income?
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A. Dear Client,
Best option for you would be to get in touch with a Income Tax Lawyer who is regularly filing the Income Tax Return or Chartered Accountant doing the similar job.Next best alternative would be to meet the Income tax officer(ITO) directly who will do the job.The Choice is yours.
Shanti Ranjan Behera,
Advocate
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