My answers are as follows;
Wife ( she has sale deed on her name along with her Late Husband)
Ans: Ask he to get it transferred in her name entire property by producing death certificate. That is joint name of husband to be deleted.
2) Son in DUBAI has sent a power of attorney from embassy authorizing her mother has full right .
Ans: From 2011 the Supreme Court banned Power of Attorney purchases. If you believe them then you can purchase. The relevant judgment is given below.
3) Son in Qatar has sent a power of attorney from embassy authorizing her mother has full right.
Ans; His personal presence may kindly be insisted.
4) Son in India willing to sign in-person in front of the Sub-Registrar during sale deed registration.
Ans: Ok. No problem.
5) Daughter(married) in India willing to sign in-person in front of the Sub-Registrar during sale deed registration.
Ans: Ok. Fine.
6) Daughter(married) in India willing to sign in-person in front of the Sub_Registrar during sale deed registration.
Ans: Ok. Fine.
A resident Indian buyer should AVOID property transaction through Power of Attorney holder of an NRI. The best case scenario is the presence of an NRI seller in India for execution of sale deed. Sometimes the circumstances do not permit so a buyer you should check the reason for the execution of Power of Attorney. The reason should be reasonable and logical. If the buyer is convinced with the reasoning, then he should insist that NRI Seller should include this particular reason, in Power of Attorney. In short, the purpose/reason for the execution of a power of attorney should be clearly mentioned in the Power of Attorney.
No property sale on power of attorney: Supreme Court
The court rules that transfer through general power of attorney cannot give ownesrship title to the buyer.
New Delhi, October 13, 2011 | UPDATED 12:11 IST
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Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.
In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovable property sales is not a valid form of transfer of property.
A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.
"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.
The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.
Navin Raheja, chairman and managing director of Raheja Developers said, "The court's decision will help to curb the circulation of black money to some extent in the real estate sector where titles are manipulated. Besides, many property transactions where prices are rounded off will be affected. However, overall there won't be any significant impact on normal property sales."
The apex court said there can be no mutation of property in municipal and revenue records on the basis of such documents. The bench, however, clarified that its order should not be a ground for disturbing mutations already effected by the Delhi Development Authority (DDA) or any other authority.