regarding power of attorney or gift agreement from mother to daughter
we are living in pagdi systems room at sakinaka the my mother has its own her age is 59 she want to make POA or GIFT agreement to me I have one youngest brother & older sister can they take any object
1 year ago
A. Hello Sir,
Ownership cannot be transfer without registered sale/gift deed or by order of court on the basis of adverse possession. You have to register the gift deed.
PoA question Nagpur and mumbai
We have a PoA that grants powers of my aunt who is in Nagpur to her daughter in Mumbai. The powers are for managing certain affairs of a property in Mumbai. I understand the PoA has to be registered a
1 year ago
A. Unless the Sub-Registrar acknowledges the absence of one party for good cause, both parties must appear before him to register a power of attorney.
Thank You
Power of attorney for joint property purchase
Me and my wife plan to purchase joint property. Since we live out of India can we give joint power of attorney to someone in India? If yes can we purchase property jointly or in individual names as pe
1 year ago
A. Dear Client,
You can purchase a property jointly even if you are an NRI but you can contact an advocate regarding the same.. Hope this helps.
POA Notorised by Principal
POA Notorised by Principal in USA for sale of Housing Plot, has been further adjudicated in Chennai ,Tamilnadu .It has got typo errors regarding Document Number and spelling error in name of village w
1 year ago
A. Dear client, in my humble suggestion, the same notary who resides in the USA must call a corrigendum.
My wife got expired 1 year back. Who will be legal heir after I got re-marriage?
My wife got expired 1 year back. I got re-married after few months of wife's death. Who will be the legal heir of her retiral benefits and Insurance claim?
1 year ago
A. Dear Sir,
You will loose your rights after remarriage how ever you may rely upon the following provision of law to claim the benefits.
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Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children ...ReadMore
Advocate Sinjari Bandyopadhyaya
General power of attorney
Can a person resident in west bengal execute and register a GPOA in Noida ?The GPOA will be executed to one of his distant relative.
1 year ago
A. Dear Client,
POA registered in one State is not valid to be used in other State. The POA cannot be revalidated. You may have to get the power of attorney deed registered with the concerned sub registrar within which jurisdiction the immovable property situate.
General power of attorney
Hi, My father had given a general power of attorney to a individual person (Mr.X) on June 2008 which is a land with building but Mr. X has sold the property to another person (executed a sale deed in
1 year ago
A. Dear Client,
A power of attorney is not a valid instrument to transfer property titles when buying or selling a property. However, due to the financial benefits, it provides to both the buyer and the seller, selling a property through a general power of attorney has become common practice in Indian cities. as your case is the case of 2008, it is not sure to say if you can get your property back or to prove the sale is illegal. If the deed of power of attorney grants power to sell the property of ...ReadMore
Power of Attorney
Hi there, is it possible for 2 Principals to appoint one attorney in a Power of Attorney? Also, there appears to be errors in my parents name in the sale deed. How do we rectify this?
1 year ago
A. Dear Sir,
Yes, two or more principals can appoint a single power of attorney. Rectification Deed may be taken to correct mistakes found in the Sale Deed.
Registration of Gala/Commercial Space not done as property bought on PoA
I bought the property on Power of attorney from a lady 20 years ago in 2001. Now I want to register the property but I could not find that lady, don't even know if she is dead or alive. So, in this ca
2 years ago
A. Dear Client,
property sale through power of attorney (PoA) has been held illegal and only registered sale deeds provide any legal holding to property transactions by the Supreme Court in the year 2011.
Thank You
Misuse of General Power of Attorney
1.Does an agent/power of attorney holder need to deposit the amount of sale proceeds in Real owners account? If not done, can legal heirs claim for the same from agent after 20 years? 2. Does an agen
2 years ago
A. Dear Client,
1. yes, As per the agreed terms and conditions on the POA agreement the deposit amount takes place.
2. yes, The disclosure of the information is necessary between the Principal owner and the agent.
Thank you.
Advocate Sinjari Bandyopadhyaya