Power of attorney
The house is registered under my father’s name .when my father left for foreign visit he gave my the general power of attorney which mentioned that I can sell the house or appoint any one on my beha ...
The house is registered under my father’s name .when my father left for foreign visit he gave my the general power of attorney which mentioned that I can sell the house or appoint any one on my beha ...
Dear Client,
The validity of General Power of Attorney extinguishes with the death of the principal/executor or the GPA holder and its enforceability gets seized and requires the execution of a fresh GPA by the legal heirs of the deceased principal/executor in favour of an attorney. So, being a legal heir of the principal/executor(your deceased father), you have to execute and register a GPA in favour of your wife to sell the property post-demise of your father. A POA holder i.e., the attorney
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My father have sell a building in the year 2010,seller have paid the amount and make the agreement as power of attorney not registered the deed to save registration fees.Now my question is after 14 ye ...
Dear Client,
The contents of your query appear to be confusing, While you are saying your father sold a building in 2010, the seller is asking for PAN 14 years after the sale of the property. So, revert to us with transparent information to enable us to address your query.
My uncle is having property which is given by government to farm but he has no child and wife but the land was came from my grand father and uncle had a sister in the same land how can I get Inheritan ...
Hello Client,
In the situation you described, your uncle's land was given by the government for farming but originally came from your grandfather, and your uncle has no child or wife. Here's how inheritance would work based on Indian laws (assuming Hindu Succession law applies, as land inheritance often follows religious personal laws)
If the land was inherited by your uncle from your grandfather, it could be considered ancestral property. Ancestral property can be inherited by the legal heirs
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I want to buy a propert from Canada based NRI . He said he will give POA. To his friend in India .pleads do let me know what are things are important to be prechecked .
Dear Client,
A person who stays abroad can still execute a POA 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 POA for him. Depending on the country, he or she needs to get the POA apostil-led. This is an international certification comparable to notarization. Once notarized and apostil-led, he shall send the POA to India. According to the Ministry of External Affairs, Government of India
Mr.x have GPA to mr.y for loan purpose mr.y sale the property without mr.x knowledge while he is still alive. Mr.x is still have possession of property and file civil suit against mr.y and buyer. The ...
Dear Client,
The Supreme Court of India ruled that a power of attorney cannot be used for the sale of immovable property. Sale transactions must be done through registering a sale deed to ensure authenticity and legality. Power of attorney holder can't sell property unless authorised to do so as per SC. Those with a general power of attorney for property of a property cannot sell it unless there is a specific provision in the document giving them the power to do so, the Supreme Court has ruled.
Parent is is gifting a quarter of her land to each of her three children - two of them are in US. Can they give a PoA to their sibling in India to register the Gift Deed? as they both cannot be in Ind ...
Dear client,
In your case siblings residing in the US can empower their sibling in India to handle the registration of a Gift Deed by issuing a notarized Power of Attorney (PoA). This PoA must be authenticated either through an apostille or attestation by the Indian Consulate or Embassy in the US. After authentication, the PoA should be sent to India, where it must be adjudicated by the appropriate authorities. Once adjudicated, the sibling in India can utilize the PoA to register the Gift Deed
A property purchased on my mothers name and after his death now my mother wants to make power of attorney on different persons name , can i put stay on that process?
Dear Client,
The property of the Karta of a Hindu Undivided Family is considered a joint family property and all the legal heirs are entitled to an equal share of the property. In this situation, even if the property is registered in your mother's name, she cannot unilaterally transfer it to the other party. In Saurabh Gupta v. Archna Gupta case, the Allahabad High Court ruled that a property purchased by a Hindu husband in the name of his homemaker wife could be presumed to be the property of t
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In 2013 SC has given a judgement that title transfer or sell through power of attorney is not allowed then how a power of attorney can sell a land?.Also,what will happen if power of attorney sold a la ...
Dear Client,
The Supreme Court in 2011 ruled that the General Power of Attorney (GPA) is a non-transferable instrument for any title, interest, or right in immovable property. A GPA is an invalid document for any purchase or transfer of immovable property. According to the Transfer of Property Act, an immovable property can be sold only through a conveyance or sale deed registered between the parties. Further, the GPA holder can sell the property only if he is authorized to do so by the register
general power of attorney made by two principles on 1994 about 2 acres of land, in 2002 they converted it in to flats , now in 2020 one principle died in 2022 the power of attorney agent made a regist ...
Dear Client,
The validity of General Power of Attorney extinguishes with the death of the principal/executor or the GPA holder. On the Death of the GPA holder that Power of Attorney becomes inoperative and its enforceability gets seized. In the case of a Joint GPA holder, even if one attorney dies, the GPA becomes invalid and requires the execution of a fresh GPA by the remaining principals along with the legal heirs of the deceased principals in favour of other attorneys to execute the deed of
An independent house in Faridabad district was purchased by my father in the Year 1995 (Around 28 years ago). But the house was bought on General power of Attorney. The GPA was transferred by prev ...
Dear Client,
The Supreme Court in 2011 ruled that the General Power of Attorney (GPA) is a non-transferable instrument for any title, interest, or right in immovable property. A GPA is an invalid document for any purchase or transfer of immovable property. According to the Transfer of Property Act, an immovable property can be sold only through a conveyance or sale deed registered between the parties. Further, the GPA holder can sell the property only if he is authorized to do so by the register
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