• Purchasing Gift deed property

I am purchasing a plot of 1500sqft from newly formed layout(2 hectare) from land owner(his age is 45) the 2 hectare land is gift deed by his uncle(late is already dead) as per WILL of his uncle land was allocated to three people 1.land owner 2.To his brother 3.Uncle wife.
Basically 2 hectare land is self earned property of uncle.Now power of authority is given to land owner by his brother and aunt(uncle wife).
Both land owner is having two major children Age of 22(M),18(F) and his brother as well age of 18(F),18(F).
Whether during the time of agreement and registration is it required get a signature from his children ? Could you please let me know role of children in this case.
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) uncle was absolute owner of 2 hectares of land 

2) it was his self acquired property . By will he bequeathed to 3 beneficiaries 

3) has probate been obtained of will?

4) is power of attorney for sale of property by 2 beneficiaries regd?

5) please note POA needs registration 

6) consent of children of seller is not necessary for sale of property 

7) if seller obtained land by gift deed I presume it is stamped and regd 
Ajay Sethi
Advocate, Mumbai
23278 Answers
1219 Consultations
5.0 on 5.0
1. Was the gift deed made after the will? 

2. There are 3 documents mentioned by you- Will, Gift Deed and Power of Attorney. 

3. If the gift deed was made in favour of the land owner by his deceased uncle then he did not require any POA from his brother and uncle's wife as the will became unenforceable. 

4. If the ownership has transferred to the land owner in accordance with the gift deed then the consent of his children and brother is not required. Accordingly, they are bot required to sign the gift deed.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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Hi, at the time of agreement it is not required to register the documents but when possession is delivered then it required registration.

2.From your narration you are not required to get the signature of the children but one thing you must remember it is better you can get legal opinion from the advocate so that you can go ahead with the transaction.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Has the property being 2 hectres of land been gifted throug a gift deed to the owner of the property or he has bequeathed it alongwith his brother and his Uncle's wife through a will?

2. Since as per you, POA has been given to him by his brother and Uncle's wife, it appears that the wntire property of 2 hectres of land was willed to all three of them,

3. The role of the children of the land owner has no claim on the property during his life time, 

4. However, the said POA is required to be registered to gain validity.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
The Power of Attorney holder is entitled to deal with the property of the actual title holder and such deals are not only common but also valid. However to protect yourself from future litigation from either of the owners of the un-partitioned property you may do the following:

1) Insist on paying the proportionate amount to their respective bank accounts, That way you will have record of how every member had received and or accepted money from you.

2) Cross check carefully with the POA if the POA clearly vests the right to deal with the property concerned to the agent.
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
1.It is not clear from your letter whether the land owner got the land from his uncle through gift deed or through WILL. However it does not have any impact on the status of your question.
2.If the Power of Authority is duly stamped & registered, then it will be legally valid.
3.Since the property is not an ancestral one, its not necessary to take the signature of children. However for your satisfaction the children can sign as witnesses to the agreement of sale & sale deed.
4.As explained in point 3, children do not have a say in the property because the property is not ancestral.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0

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