• Property registration

I have finalized a deal for an apartment/flat in Mumbai and would like to proceed for the property registration. The property is in the name of three individuals mother, daughter and grandson. Since the mother is travelling, can she give a power of attorney to her mother or son so that the registration formalities can be completed?Or all the three individuals MUST be present for this procedure? Would there be any issue in the future? Do I have to issue three equal cheques towards the payment? What precautions should one take to be careful?
Asked 6 years ago in Property Law
Religion: Hindu

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14 Answers

Dear Client,

On the basis of Power of Attorney, you get the property registered in your name. There will be no issue she is ready to give Power of Attorney. 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Yes you can issue the cheque in the name of 3 different owners as it will justify the transaction

Prashant Nayak
Advocate, Mumbai
34661 Answers
249 Consultations

Any two can execute POA in favor of third who will act on their behalf to execute sale deed and will receive payment on their behalf. Mention in the POA, in whose name cheque will issues or in sale deed.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. Yes, a co owner can on her own will give a registered POA to any person closely related t her to deal with her property including right to transfer her share as well.

2. So you can give the consideration money to the POA holder as well provided the same is not revoked as yet and the same is registered .

3. before that do get the title deeds scrutinised by an advocate.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

You can ask all three be present at the time of registration and do mentioned all payment details in deed under schedule part no matter how you distribute into 3 or 10 or 1 that is not important. How seller wants money individual or only one cheque.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Issue three cheques of equal amount to the three co-owners. 

Take irrevocable POA from mother. Get it registered. 

Take encumbrance certificates for at least 20 years from registry office. Take indemnity bond for any defects in title.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Mother can execute specific power of attorney in favour of her daughter or son for execution of sale deed 

 

2) POA should be duly registered 

 

3) issue 3 separate cheque’s in favour of seller 

 

4) get sale deed vetted by a lawyer 

 

5) check whether OC is issued by muncipal corporation 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations

1. the sale deed can be signed by all 3 sellers

2. however since the mother is travelling she can sign the document and give a presentation POA to either her son or mother so that they can complete the registration formalities on her behalf

3. if the sale deed is not signed by the mother [who is travelling] and either her son or mother sign on her behalf using the POA [containing a power to sell], then such POA has to be compulsorily stamped and registered

4. so it is advisable that the travelling mother sign the document and only for the registration formalities she can give a POA to her son or mother

5. the payment to be made to sellers should be as per their instructions which can be stated in the sale deed itself

Yusuf Rampurawala
Advocate, Mumbai
7922 Answers
79 Consultations

Hi

POA can be given one person to other to do certain acts on his / her behalf.

All three need be present, if unavailable person gives POA to others.

You can issue cheques as they desire, make sure the same are in the name of your vendors only no third parties to be given.

PRECAUTION:

# Obtain signatures of all the three on the Sale Deed.

# Let the un available person give POA for presentation of the Deed before Registrar alongwith 32A application.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Yes the mother can give POA to the son for the registration and signing of the sale deed. No if POA is there then presence is not must. In case of power of attorney there will be no issue in the future. 

Yes amount should be disbursed equally. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

- A Power of Attorney gives another person the power to act on behalf of the owner.

- Hence, as per law, out of three , anyone can become Powery of Attorney Holder and can sell the said property to other , and further can excute the necessary documents on their behalf after receving the consideration amount from the purchaser.

- No, presence of all the three not required.

- Payments depend on the clause of the POA, if it mentioned that the POA holder can receive payment on behalf of the other executor , then three cheques are not mandatory. 

- Before , payment to the POA holder , you should read carefully all the clauses of the POA .

- POA should be signed by all the three persons in the presence of two witnesses , and it should be registered.

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15840 Answers
243 Consultations

Please do ensure that the POA executed is for a specific purpose. 

issue 3 separate cheques in favour of seller. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19373 Answers
32 Consultations

She can give POA to anyone among other co-owner to execute the sales deed in your favour.

The payment option should be mentioned in the agreement of sale according to which you should make payment to seller. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Since the mother is reported to be travelling she can execute a POA deed in favor of her daughter or the grandson who can execute the registered sale deed jointly on behalf of her also.

As far as the payment of the sale consideration amount if all the three authorize anyone among themselves then you can make payment on that individual person's name alone.

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

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