• Sale of property in muzaffarpur , bihar with poa

We have a property in Muzaffarpur. It is held in our mother's name. She is living in Jharkand and is about 80 years and it's extremely difficult for her to travel for registration as and when the property gets sold.

There is a prospective buyer. They are saying that she has to travel compulsorily and travel by road would be about 10-12 hours.

Want to know whether she can do the POA in one of her childrens' name who can sign and execute on her behalf without her being forced to take this arduous journey. 

If yes, how will it work - can she execute the POA in Jamshedpur [ she can make short journey to local sub-registrar office if needed] and the same being valid in Bihar?

If Not, what are alternatives?

Regards,
Asked 7 days ago in Property Law from Muzaffarpur, Bihar
Religion: Hindu

your mother can delegate her rights to the property to you by executing a Special Power of Attorney in your favour to delegate her rights to transfer, manage her share in the property on her behalf.

Mohammed Mujeeb
Advocate, Hyderabad
3199 Answers
2 Consultations

4.5 on 5.0

You have to take her in muzaffarpur area where property belongs and get in local sub registrar office sale deed registered.

Try to take help of doctors for traveling issues how your mother can travel 10-12 long journey.

Ganesh Kadam
Advocate, Pune
4453 Answers
29 Consultations

5.0 on 5.0

Mother can execute registered power of attorney in favour of family member in Jamshedpur for sale of property 

 

2) it woukd be valid in Bihar 

Ajay Sethi
Advocate, Mumbai
54249 Answers
3256 Consultations

5.0 on 5.0

Hello,

 

Yes she can execute the POA and on the basis of the same the property can be transferred in Bihar. 

Just see that the seller and the sub registrar agrees to it, as this rules varies from state to state. 

You may just check this with some local lawyer once. 

Regards 

Anilesh Tewari
Advocate, New Delhi
13226 Answers
173 Consultations

5.0 on 5.0

She can give POA to any person either registered or notarised in Jarkhand and same can be used for execution and registration of sale deed in Muzafarpur bihar. 

Yes the POA registered in Jamesdpur shall be valid for sale in Bihar.

Shubham Jhajharia
Advocate, Ahmedabad
9454 Answers
31 Consultations

5.0 on 5.0

Yes power of attorney can be issued to a blood related to go for registration of the property on behalf of the mother

 

 

Vimlesh Prasad Mishra
Advocate, Lucknow
3780 Answers
7 Consultations

4.9 on 5.0

Yes do a POA where you want to do the said execution and get it Registered and complete the said transaction

Prashant Nayak
Advocate, MUMBAI
3404 Answers
2 Consultations

4.8 on 5.0

 She can execute POA from the place where she is currently residential, she can make it from jamshedpur

She can give POA in favour of anyone who may be her child or someone else , 

A power of attorney (POA) is a legal document giving one person the power to act for another person (the principal). The agent can have broad legal authority or limited authority to make legal decisions about the principal's property, finances or medical care. The power of attorney is frequently used in the event of a principal's illness or disability, or when the principal can't be present to sign necessary legal documents for financial transactions.

 While creating a POA, it is important to include certain mandatory clauses depending upon the type of power of Attorney that is made.

  1. The name, age, address and occupation of the person who makes the Power of Attorney, the Principal.
  2. The person to whom the power is granted, the Attorney.
  3. The reason for granting the power of Attorney which should be legally valid.
  4. The date and place of making the Power of Attorney deed and the date from which it comes into force.
  5. The date of termination of the power of Attorney if it is limited by time. If no time is specified mention whether the Power of Attorney is durable or non-durable.
  6. If it is a general power granted then all the acts and areas of granting the power should be mentioned clearly. Whether any particular act is not to be done by the Attorney in certain areas should be specified. For. Eg. If general power for property is granted, the Principal can grant the power to buy or rent any property but may not grant the power to sell any of his property

Dimple Jain
Advocate, Jodhpur
205 Answers

Not rated

  1. As per the information mentioned in the present query, makes it clear that she can’t travel for so long.
  2. As per the recent Supreme Court rulings, no POA or GPA would be valid for any property transaction, but may only be allowed if the same have been executed in the favour of a close relative- class one relatives.
  3. You should also affix a doctor opinion about her health issues.
  4. I advice you to go for POA without any hesitation.

Sanjay Baniwal
Advocate, South Delhi
2561 Answers
5 Consultations

4.9 on 5.0

The property can be sold through a POA by the owner to the prospective buyer

The power deed can be executed and registered at a different state also in favor of the power agent.

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

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