Sale of property through poa
8 months ago
I own a property in kolkata with my mother. My mother is residing in Delhi and incapacitated. We want to sell the property. What are the modes in which we can do so.
A.Dear Client,
As a co-owner of the property, You just need a General Power of Attorney to be executed by your mother in your favour appointing you as a constituted attorney to act on her behalf and get it registered by RA at Delhi. If your mother is unable to appear physically before the Registrar for registration of GPA, then you can make a prayer before the RA for registration of the deed through commissioning. On receipt of said registered Deed of GPA, you can sell your property at Kolkata.
As a co-owner of the property, You just need a General Power of Attorney to be executed by your mother in your favour appointing you as a constituted attorney to act on her behalf and get it registered by RA at Delhi. If your mother is unable to appear physically before the Registrar for registration of GPA, then you can make a prayer before the RA for registration of the deed through commissioning. On receipt of said registered Deed of GPA, you can sell your property at Kolkata.
Helpful
Helpful
Share
A.Dear client,
As a co-owner of the property in Kolkata with your incapacitated mother, there are several ways to proceed with selling the property. One option is to execute a Power of Attorney (POA) in your mother's favor, granting her representative the authority to act on her behalf. With the POA, her representative can handle the sale transaction, sign necessary documents, and complete the process without her physical presence.
Alternatively, if you have the legal authority to represent your mother, either as her legal guardian or through a valid POA, you can sell the property as a co-owner on her behalf. This would allow you to act on both your and your mother's behalf during the sale.
Suppose your mother has been declared incapacitated by a court, and you are appointed as her legal guardian. In that case, you can initiate the sale of the property as her guardian, ensuring that the transaction is carried out in her best interest.
If your mother cannot execute a POA or be represented through guardianship, but she has provided informed consent for the sale, you may proceed with a consent sale. This would require her written consent and signature on the necessary sale documents.
Another option, if applicable, is to pursue a partition sale if the property has co-owners with specific shares assigned. This involves legally dividing the property among the co-owners according to their respective shares and selling the allocated portion.
In complex situations with disputes among co-owners or issues related to your mother's incapacitation, seeking a court order may be necessary to facilitate the sale.
As a co-owner of the property in Kolkata with your incapacitated mother, there are several ways to proceed with selling the property. One option is to execute a Power of Attorney (POA) in your mother's favor, granting her representative the authority to act on her behalf. With the POA, her representative can handle the sale transaction, sign necessary documents, and complete the process without her physical presence.
Alternatively, if you have the legal authority to represent your mother, either as her legal guardian or through a valid POA, you can sell the property as a co-owner on her behalf. This would allow you to act on both your and your mother's behalf during the sale.
Suppose your mother has been declared incapacitated by a court, and you are appointed as her legal guardian. In that case, you can initiate the sale of the property as her guardian, ensuring that the transaction is carried out in her best interest.
If your mother cannot execute a POA or be represented through guardianship, but she has provided informed consent for the sale, you may proceed with a consent sale. This would require her written consent and signature on the necessary sale documents.
Another option, if applicable, is to pursue a partition sale if the property has co-owners with specific shares assigned. This involves legally dividing the property among the co-owners according to their respective shares and selling the allocated portion.
In complex situations with disputes among co-owners or issues related to your mother's incapacitation, seeking a court order may be necessary to facilitate the sale.
Helpful
Helpful
Share
Read Related Answers
POWER OF ATTORNEY
Dear client, a POA attested by Notary is not valid for registering any document in the registrar's office for the transfer of any property
Registration of Power of Attorney for deemed membership to association
Dear Sir,
It is better to register the Power of Attorney and if bye-laws of the Association allows then she can become deemed member of the Association.
Need for registration of Power of Attorney for deemed membership
Dear Client,
A POA should be registered under the Registration Act, 1908 to make it legally enforceable for all the purposes it is executed by the Executor/principal empowering/authorizing a person to...
Validity of GPA
Dear Sir,
The title lies with 10 persons as such GPA executed by 8 persons is invalid. Further, 2 persons out of 8 persons also died. Thus, the legal heirs of deceased 2 persons and remaining 8 person...
GPA for Donee Accepting Immovable Land Gift Deed
Dear Client,
As defined under Sec.122 of the Transfer of Property Act, 1882, a Gift is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by o...
Read Blogs on Power of Attorney
Power of Attorney Lawyers
Find Lawyers by Location
