• General Power of Attorney

Hi Sir/Madam, 

There is a property purchased by my dad from GPA holder in 1989 and my dad represent GPA to my mom in 1996 as GPA registered in sub registrar office however my dad passed away in 1997 without writing a will power to my mom. Now being a son I need to get registered legally. Property owner who sells us is not tracable. What? is the best options to get registered to my name. Which deed is preferable gift deed or sale deed.

There should not be any legal problem in future and Bank loan should be provided. 

Please provide your suggestions

Thank you
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) did your father purchase property by registered sale deed from GPA holder ?

2) or he purchased property by GPA executed in his favour ?

3) please note that on your father demise POA executed by him in favour of your mother ceases

4)on his demise your mother and you are legal heirs

5)your mother can execute gift deed for her share in property in your name

6) gift deed should be stamped and regsitered

Ajay Sethi
Advocate, Mumbai
95217 Answers
7611 Consultations

5.0 on 5.0

Dear Sir/Madam, as per your query, your father has purchased the property through GPA holder and it was mutated the name of your father in the revenue records is well and good, it amounts to self acquired property of your father. If your father died without WILL, you and your mother has equal share in the said property as legal heir and it will come your name through pavathi khatha. You have to file application for pavathi khatha to transferred the property rights in view of death of your father. If you want more clarification in this regard, contact me. ... by Chandrashekhar Vithal Jadhav, Advocate & Legal Consultant, Bangalore.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

1) in order to confer clear and marketable title to property it had to be through regd sale deed

2) since your father only had GPA he could not have executed further GPA in favour of your mother

3) original seller needs to execute sale deed in your favour

Ajay Sethi
Advocate, Mumbai
95217 Answers
7611 Consultations

5.0 on 5.0

If your father had purchased the property on your mother's name, she is the owner of this property.

Hence she can execute a proper registered settlement deed in your favor.

If the POA agent is not alive now, then the properties shall lie on the principal.

You can take your mother to the registrar office and get the settlement deed executed in your favor.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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