• How to sell a flat in Bangalore without physical presence of my mother (co-owner)

Me and my mother are co-owners of a Flat in Bangalore. She lives in Delhi, not keeping well and therefore can not travel. She is fine with my decision and can support in selling the Flat but her health does not allow to get up from the bed.

Buyer is ready not sure how to proceed on this. Please help.
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

17 Answers

Your mother can execute a registered power of attorney in your favour to sell the practicar flat and sign and execute a sell deed on her behalf.

Based on POA can you can execute a legal sale deed in favour of buyer.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Take a Power of Attorney(PoA) from her.

Once you have this PoA, you'll be free to sell off this flat alone.

She will have to execute and register this PoA in Delhi.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear sir

1. Take power of attorney of your mother to deal with property

2. Relinquishment deed by your mother.

We need documents to come to right conclusion. Feel free to reach out us

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

See this judgement says sale cannot be made but still the authority to sell among family members can be given.

Let me explain you previously people to save stamp duty donot execut sale deed instead they gave power of attorney to the buyer so the judgement is against them it doesnot anywhere says that in family to manage property power of attorney cannot be given .If you need I will reproduce the relevant paragraph so your mom can give you a power of attorney

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The Supreme Court ruling is on a different subject. There, the people do not used to execute a conveyance/sale deed so as to save stamp duty.

You will be entering into a sale deed in your case.

Take a PoA from your mother and sell off this property thereupon.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Relevant paragraph of said judgement

A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.

So in your case it's a genuine GPA.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) your mother can execute POA in your favour to sell the flat

2) the POA should be regsitered in Delhi as your mother is residing in Delhi

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1) there is no bar to mother executing power of attorney in your favour as you are a family member

2) SC judgment does not bar POA be executed in favour of relatives

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Respected sir ...

It is supreme court who allows the person to give Power of Attorney and that is vaild if registered at notary public ...Supreme Court vide its judgment rendered in case titled as Suraj Lamp and Pvt. Ltd. v/s State of Haryana and another.

Honble Apex Court dealt with is whether immovable property can be legally transferred or conveyed through a General Power of Attorney, ...

No need to worry just get POA and make it registered and then all will be valid ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

1. Your mother can give Power of Attorney in your favour empowering you to sign on her behalf in the Sub Registrar's Office at the time of registration of the property.

2. Regarding your 2nd query, it is true that 'No property sale is allowed on power of attorney'. In the instant case, your mother is only empowering you to act on her behalf in the Sub Registrar's Office in respect of her share and you are also separately affixing your signature for your share of the property. Hence it is allowed.

Shashidhar S. Sastry
Advocate, Bangalore
4167 Answers
258 Consultations

5.0 on 5.0

Dear Sir,

Your proposed sale is not outright sale by both the co-owners by GPA but one of the co-owner is present before the registering authority. The said citation is only applicable wherein there is only one single owner of the property. You being the son of another co-owner can take GPA (Power of Attorney) and sell the property. Alternatively take gift deed or release deed from your mother in respect of her 50% share thus you become absolute owner of entire property. Then you can sell the property by yourself. For more clarifications please call me.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi, on general power of attorney you can do some transaction, but not the sale of that property. In this case, you may try with special power of attorney along with supporting documents.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

If your mother can register a Power of Attorney in your name with specific power to sell, sign, execute and register the sale deed in favour of the purchaser, you can sell the property on behalf of your mother.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

Properties can be bought and sold only through a registered sale deed. Transfer of immovable property through a GPA (vastly prevalent in New Delhi and other parts of India) does not convey the title or ownership to the property through a GPA.

In your case, since you and your mother are joint co-owners of the flat, she can authorize you through a special power of attorney (usable only for this transaction) to present the document on her behalf for registration and conclude the registration formalities on her behalf, in which case she will have to sign the sale deed prior to you presenting it on her behalf for registration.

The SPA has to be registered at the place where she is currently staying.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

1. Obtain a registered POA, from mother and then proceed in any manner, till the mother is alive. Using a registered POA, a immovable property can be sold, provided proper stamp duty and registration process is duly executed.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

If you both are the joint owners, you can obtain a GPA duly registered on your name authorising you to sell her share of property also by yourself on her behalf along with your share of property.

This will solve the issue,m she need not come to Bangalore for this purpose.

The GPA can be executed and registered in Delhi itself.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

As per Supreme Court of India - "No property sale is allowed on power of attorney". Checking some article on the website, confused if it is possible or not. See the link below:

https://www.indiatoday.in/india/north/story/property-sale-through-gpa-not-valid-[deleted]

Can you please guide and clarify properly what are the steps to follow?

It is your misconception.

You go through the judgment properly, you will come to know that it is not applicable to your situation.

The judgment itself is something different and to some other situation.

Your case is just another routine issue.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer