How to sell ancestral land
HI all. My mother has some ancestral land in goa. My mother has 2 sisters and 2 brothers. Also my grandmother is still alive. We have done the mutation of land from my deceased grandfather to my mother,my aunt(mothers sister) and my uncle(mothers brother). So the land is currently in name of these 3 people on legal records. We now want to make six portions of the land and give each portion to each member(my mother, her 2 sisters and 2 brothers and my grandmother). The three holders are old and are not able to travel. Also all future share holders of land cannot travel.Some want to sell their land share and some want to keep it. Everybody is insisting me to handle this land deal henceforth. I will be responsible to sell the land and give money to the respective owners and I will make land available in the respective person who want to keep their share of land. Under which legal document can i carry out this transaction of transfer of land and selling the land on behalf of respective member? Can a General Power of Attorney suffice or some other documents are required?
Asked in Property Law from Mumbai, Maharashtra
1) deed of family settlement can be entered into . it has to be duly stamped and registered in Goa wherein property is situated .
2) power of attorney can be executed by relatives for sale of their share in property .
3) for sale of property POA has to be registered
1. On what basis do you say the land is ancestral?
2. If a consensus has been reached among all the legal heirs to settle the property then the property can be amicably divided by making a family settlement deed.
3. All the relatives who are unable to travel to register the family settlement deed may execute a POA in favour of any blood relative. The said blood relative can act for and on behalf of all the legal heirs and register the family settlement in the office of the sub registrar.
4. The POA to be executed by the legal heirs will have to be mandatorily registered.
1. I would suggest you to go for a mutual deed pfa petition wherein apart from disclosing your share , physically demarcate your respective shares and attach a sketch map in that regard with deed.
2. Thereafter get a registred Power of Attorney executed in your name by those persons who can not travel or deal with the property much.
3. on the basis of the said POA you can henceforth deal with the share of their property including proceed to sell the same.
Hi, first all of you entered partition or family settlement deed and it has to be registered and thereafter those who will to sell there share they have to execute to General power of attorney in favour of you so you can sell the property.
1) I would suggest you to first of all get a Power of Attorney registered in your name on behalf of all the other shareholders authorizing you to sell or transfer the property in any form that you need to.The POA has to be duly registered.
2) A Family Settlement Deed Would have to be ,then made and registered among all the heirs and thereby demarcating the respective shares so that you would be able to deal with the share of each as desired by them.
3) You need to get an Advocate appointed to assist you with all of these.
1. Since all the legal heirs of the property have equal share on it, they can execute and register a POA in your favour for selling the property and deposit t their shares of the sale proceeds in their individual accounts,
2. The POA shall have to be drafted accordingly,
3. After executing and registering the said POA in your favour, you can go ahead, sell the property and distribute the sales proceed amongst all the legal heirs.
first of all you should separate the shares of all shareholder. it can be done either by partition suit or family settlement. if at the time of mutation remaining three members were agreed to keep that property in the name of three persons to whom property is mutated and also did not relinquished their rights then it is called joint family property so family settlement can be done. if they were not agreed then you should resettle your all shares by filing partition suit because by the decree all shares will get probative force and end future litigation.
After partition they can execute a registered power of attorney in your favour for selling of property and distribution of sale amount among share holders. Now the supreme court of India has held that if property alienated through general POA then buyer can't get good title in that property because in doing so seller does not transfer best title to the buyer and also save taxes in that transaction. So execute a registered POA with specific right to sell that property distribution of sale amount among share holders.
THE CHURCH OF CHRIST CHARITABLE TRUST AND EDUCATIONAL CHARITABLE SOCIETY, REP. BY ITS CHAIRMAN V/s. M/S. PONNIAMMAN EDUCATIONAL TRUST REP. BY ITS CHAIRPERSON/MANAGING TRUSTEE :-------
" The Supreme Court further observed that the power of attorney had to be strictly construed and in order to agree to sell or effect a sale, a power of attorney holder should be expressly authorized with the power to execute such an agreement of sale or sale deed."