Hello, In my family, we have widow grandmother (mother's mother), my widow mother and we two brothers with wives. We have ancestral agricultural land in UP on name of grandmother. There is a power of attorney as well as deed for my mother and there are two witnesses in both of options, which was signed more than 10 years back. My mother stays with grandmother since my father passed away (20 years) and she is taking care of her completely. Now we want to sell that land. We are foreseeing some situation on this. One witness is paralyzed since past 2 years, so he can't speak and can't be presented if ever needed. Another witness left village years back and we do not know his whereabouts. My grandmother is also 90+ and she is also not in good state of health. 1- Can my mother sell that land with help of POA, in absence of witnesses ? Somewhere I was reading that land can't be sold with POA in Uttar Pradesh, but I am not sure. 2- How valid/strong is deed (on name of my mother), in absence of both witnesses ? 3- This is ancestral land. Though it is on name of my grandmother, but my grandfather's two brothers are still there, may not be with good intentions. Legally, can they claim for this land, if my grandmother is no more. 4- Most importantly, what are our suggestive ways ? Any insight would be very helpful on this. Regards
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1.The witnesses signed in any deed or POA is not required in subsequent deeds.
2. So their whereabouts or mobility is no hindrance in selling the property by your mother,
3. Once the land is in the name of your grand mother the same would be treated as her self acquired proeprty and hence she can give this to anyone including her mother if she so chooses.
4. Soif you get a buyer your mother can sell the land without any obstacles and without the presence of the witnesses.
Thanks for reply Mr.Barman. Few more questions on your responses -- 1- I was going through few links, which says that land can not be sold with POA (in Uttar Pradesh too, not sure, if it is new rule or state specific). Is there any condition/limitation on this ? Here are links - http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/sale-of-property-through-power-of-attorney-not-valid-supreme-court/article2533090.ece https://www.linkedin.com/pulse/property-sale-power-attorney-supreme-court-ca-sanjay-ruia 2- Response is clear to me. 3- Response is clear to me. 4- My grandmother is paralyzed and not good in health. Even without her, my mother can complete all paper/court formalities, on behalf of POA or there are complications ? I would like to know, can my mother sell land without involvement of grandmother ? (PS. This is agricultural land)
is the power of attorney registered?
2) your mother can sell land on basis of POA if it is registered
3) registration of POA is mandatory for sale of land
there is no bar to execution of POA in favour of family relative . your grand mother has executed POA in favour of your mother
2) your mother can sell the land provided POA is registered
3) mother can complete all the paper work without grand mother presence
1. if it is old POA ( before 2012) then there is no hindrance.
2.If POA is registered then while selling the land grand mother is not required.
1- POA is registered, but it is not older than 2012. It was prepared in April 2012. Would there be any complication and limitation with that ? 2- The links which I posted above, are for different purpose ? Can you clarify that too please ?
POA continues to be valid until revoked
2) please note that SC has not barred execution of power of attorney in favour of close family relative for sale of property . On basis of POA your mother can execute regd sale deed in favour of purchaser
3) SC has said that A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.
4) in order to ensure that GPA continues to serve its purpose, the court said its judgment will not affect the validity of sale agreements and powers of attorney executed in genuine transactions. "For example, a person may give a power of attorney to his spouse, son, daughter, brother, sister or a relative to manage his affairs or to execute a deed of conveyance."
1- Can my mother sell that land with help of POA, in absence of witnesses ? Somewhere I was reading that land can't be sold with POA in Uttar Pradesh, but I am not sure.
A POA holder if the deed is registered can sell the property, there is no illegality in it provided the principal/grantor is living.
2- How valid/strong is deed (on name of my mother), in absence of both witnesses ?
The question is not about the witness, because the agent has to sell the property on behalf of the principal and the validity will depend if the principal is alive
3- This is ancestral land. Though it is on name of my grandmother, but my grandfather's two brothers are still there, may not be with good intentions. Legally, can they claim for this land, if my grandmother is no more.
If the property is on your grandmother's name, then after her lifetime, it shall pass on to her successors in interest or legal heirs. Her husband's brothers cannot claim any share in it because thy are not her legal heirs.
4- Most importantly, what are our suggestive ways ?
Your mother can sell the property during the lifetime of her mother/the principal.
1- I was going through few links, which says that land can not be sold with POA (in Uttar Pradesh too, not sure, if it is new rule or state specific). Is there any condition/limitation on this ? Here are links -
http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/sale-of-property-through-power-of-attorney-not-valid-supreme-court/article2533090.ece
https://www.linkedin.com/pulse/property-sale-power-attorney-supreme-court-ca-sanjay-ruia
You have misunderstood the concept.
It is actually selling the property to a person by way of POA deed is illegal and invalid, instead the property can be sold by executing a registered sale deed.
But a property can be sold through a POA deed.
4- My grandmother is paralyzed and not good in health. Even without her, my mother can complete all paper/court formalities, on behalf of POA or there are complications ? I would like to know, can my mother sell land without involvement of grandmother ?
Yes she can sell the property on behalf of the principal, to be on the safer side she can obtain a life certificate of your grandmother and attach it with the copy of the power of attorney deed while executing a registered sale deed in favor of the prospectus buyer,
1- POA is registered, but it is not older than 2012. It was prepared in April 2012. Would there be any complication and limitation with that ?
The POA deed is valid.
2- The links which I posted above, are for different purpose ? Can you clarify that too please ?
The clarification had been given in my previous post, you may go through the same/.