Registration of POA is mandatory
He can register POA in Mumbai in favour of his mother
Notarised POA would not suffice for relinquishment of nephew share in property
Release deed
My mother and her nephew and sister in law (both legal heir) of my maternal uncle are joint owners of 1st and 3rd Floor of a g+4 building developed by a developer. The two floors being owner allocation as per the developer agreement since we being the land owner. Now my mother wants to sell the 1st Floor which was mutually assigned to my mother. Now my mother's nephew one of the co-owner is working in mumbai, hence cannot come to Kolkata right now. So he has issued a POA to his mother which is notorized. Now can we execute a release deed based on the notorized POA given to my aunt between my mother and aunt and demarcate the two flats. So that we can sell our potion? The property in question is in kolkata
Asked 8 years ago in Property Law
Religion: Hindu
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8 Answers
Or a conveyance deed
Asked 8 years ago
1) under POA he can authorise mother to sell , relinquish his share in property
Hi , since he has given a POA so her mother can relinquish her share as well as his son in favour of your mother through relinquish deed .. After this your mother will be the sole owner and can sell the property
1. On the basis of notarised POA no registered deed can be executed.
2. So your uncle if he so wishes can make a registered POA from Mumbai and send you across.
3.on that basis the constituted attorney of the POA can represent him and make a release deed in favour of the beneficiary/your mother.
4.Such registered POA can be made in Mumbai and enforceable in Kolkata.
1. GPA has to be registered, not merely notarized.
2. Tell the nephew to execute a registered GPA, in supersession of the notarized GPA.
3. Once the registered GPA is executed the release deed can be executed.
Any POA relating to transfer of im movable property in any way, should be compulsorily registrable. So just the notarized POA would be insufferable.
The notarised POA is not valid for transaction of immovable property.
This POA has to be a registered document.
The nephew can register the POA at Mumbai also and send it across after which the power of attorney/agent can execute the registered release deed relinquishing the rights in favor of the proposed person
Or a conveyance deed
Any transaction with regard to the immovable property can be done only by a registered document hence this notarised POA deed is not valid and the registrar cannot accept the notarised document for registering the release deed or conveyance deed or gift deed or any deed.