• Can a conveyance deed holder's wife execute a sale

conveyance deed of a property is on my fathers name, my uncle is in possession of the property.after the sale we verbally agreed to give 50% share of funds to uncle.Is there a way to show the same on a document and claim for capital gains exemption for the amount which is realized by us and my uncle individually? Is there any instrument that my father can give rights to my mother to execute the sale of the property and get the sale money draft on her name so that she can represent any tax returns on her name in future as my father is hospitalized?Can my father give a GPA to my mother to execute this sale?This property is in Chandigarh city.
Asked 3 years ago in Property Law from Chandigarh, Chandigarh
1) as per conveyance deed your father is absolute owner of property . 

2) your father can execute specific power of attorney in favour of your mother to sell the property , receive sale proceeds , appear for registration of sale deed 

3) specific power of attorney has to be duly stamped and registered . 

4) your uncle name is not reflected in sale deed . if your father wants to give 50%share in property  to his brother your father can execute gift deed in favour of his brother for 50%share of property . on property being sold your uncle can receive 50%of sale proceeds in his name by cheque
Ajay Sethi
Advocate, Mumbai
45435 Answers
2669 Consultations

5.0 on 5.0

1) document which is not stamped and registered is in admissible in evidence 

2) if original owner has executed GPA in your father name on what basis you say it is conveyance deed . ?

3) GPA for sale of property has to be registered . 

4) registration can be done within period of 4 months . 

5) the documents mentioned by you have to be perused to advice . 

6) it is better that seller execute conveyance in joint names of your father and uncle . GPA does not transfer legal title for immovable property . sale deed is must 

7) gift deed will attarct stamp duty and registration charges .
Ajay Sethi
Advocate, Mumbai
45435 Answers
2669 Consultations

5.0 on 5.0

1. GPA does not pass the title of the property. Title flows out of sale deed alone, which has not been executed in your case.

2. Your father is not the absolute owner of the property as yet. Let the seller execute the title deed in favour of your father and his brother. Thereafter, your father can make a gift deed in respect of his 50% share in favour of his brother.

3. Your uncle does not have to remain personally present for the purpose of gift deed. He can make a POA in favour of any of his relatives to remain present in the office of registrar to sign the gift deed on your behalf.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1. Conveyenca Deed is not legally enforceable  for not even one second leave apart two months,

2. If it is not yet been registeted, your father is not its owner uptill now,

3. However, anybody can execute and register a specific POA in favour of other authorising him/her to sale and collect sale proceeds,

4. To reduce Tax burden, 50% of the property can be gifted to your uncle.
Krishna Kishore Ganguly
Advocate, Kolkata
18430 Answers
448 Consultations

5.0 on 5.0

Yes.Your father is free to execute PoA (Power of Attorney) in favour of your mother to deal with the property on behalf of him in future.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations

4.4 on 5.0

generally GPA is executed for saving of stamp duty and in your case 8500 rs is paid for stamp duty... so please confirm that there is gpa or sale deed. transfer of property on gpa has no effect because court does not treat it the medium of alienation of ownership. if it is sle deed then buyer has absolute right. GPA holder can execute sale deed. registration can be done within period of 4 months. your father can execute PoA in favour of your mother to execute the sale of the property .
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

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