• Physical presence for sale of property

My mother lives in Chandigarh, is over 80 years old but is required to be physically present to sell a property (a small house and adjoining land) in Kerala. She is unable to travel. What options do we have? Can she transfer title to me her adult son or give me Power of Attorney etc?
Asked 6 years ago in Property Law
Religion: Christian

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17 Answers

She can give you POA than you can sell.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

POA is authority to execute sale deed on her behalf. What is ban is sale transactions carried through general power of attorney.

Big difference. Her presence not needed. Power of attorney does not convey ownership. An attorney holder may however execute a deed of conveyance in exercise of the power granted under the power of attorney and convey title on behalf of the grantor.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

that is right, sale of the property on the basis of the POA has been stopped by the Hon'ble SC and as such her physical presence is mandatory before the registrar 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

She will have to mark her presence physically 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

mother can execute POA in your favour to sell the property 

 

2) POA can be registered in chandigarh 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

if her physical presence is necessary in that state then your mother will have to travel to kerala to sell the proeprty

 

2) in alternative she can execute will bequeathing property to you 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

1. get the sale deed drafted

2. send it to your mother by post

3. she can sign the sale deed in front of a public notary

4. with the sale deed, she can also sign a presentation power of attorney [given in your name only for the purpose of complying registration formalities on her behalf before the registration authority] which can also be signed before the public notary or before the local registrar who can visit her house against his fees

5. she can then courier you the signed sale deed and power of attorney to you and you can present the sale deed for registration using her POA

6. as to the stamp duty payable on the sale deed, it can be paid after she signs and the document enters Kerala, within the time limit prescribed under the stamp duty act of that state

7. law cannot be so onerous and inconvenient for senior citizens

8. take necessary directions from the registrar who knows the law.  Do not talk with these agents 

Yusuf Rampurawala
Advocate, Mumbai
7939 Answers
79 Consultations

1.  A properly stamp duty paid (500/-) and registered POA, is legally sufficient for all immovable properties, EVERYWHERE in India,  PROVIDED the POA has strategic clauses about the properties being sold /purchased /gifted /donated in that particular state.

2.  There is no necessity to have multiple POA for each state, more so since Power of Attorney Act is a "central law" and not a "state law".

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

It can  be transffered through POA ans sale deed vide the said POA. 

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

She can give power.od attorney notarized or registered in chandigarh to any blood relative to register the property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The POA is allowed registrar on registered POA t

Cannot deny for registration.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

A PoA holder can sell property and your mother presence is not required at the time of sale deed.  

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

approach before concern SRO and obtain details about validity of poa in Kerala or you can File an RTI application for validity of POA in Kerala. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

approach before concern SRO and obtain details about validity of poa in Kerala or you can File an RTI application for validity of POA in Kerala. 


approach before concern SRO and obtain details about validity of poa in Kerala or you can File an RTI application for validity of POA in Kerala. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

She can execute a registered power of attorney deed in your favor from Chandigarh itself so that you can execute a registered sale deed on her behalf in favor of the prospective buyer.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

You obtain a doctor certificate with regard to her health condition and produce the same along with the POA deed.

If the registrar is still not entertaining then you can file a suit against him before court seeking direction to registrar to permit you to execute a registered sale deed as per law.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Dear 

The agents or brokers are giving you the information that is not complete.

The POA executed on name of third person other than a family member is not valid in Kerala other POA which is executed in favour of family member and duly registered can be used for property transfer in Kerala. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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