My mother died due to a heart attack recently. There are two floors in DDA market in her name as she has the Registered POA with Will in her name. Due consideration was paid to Govt. of NCT Delhi as per prevalent Circle Rate. What is the procedure to transfer it in my father's name? Or can the property be sold to any buyer directly by my father if he has a Will from my mother wherein he is declared to be the beneficiary in case of my mother's death? Please guide.
No due transfer of ownership through POA with consideration and WILL is effective after death of seller.
By the death of POA holder, it dose not expires and now by virtue of WILL, your father is POA holder. He have to execute gift deed for himself. Than only valid transfer of ownership.
Or Father can directly can sell the property to buyer.
On basis of will apply for mutation of property in name of legal heirs
2) if there are no objections received mutation of property would be done in name of legal heirs
3) POA ceases on death of your mother
4) legal heirs can after mutation is done sell property
5) you can apply for probate of will but is not mandatory in Delhi
1. registered POA with Will standing in the name of your mother did not confer any valid ownership rights on her - see judgment of Supreme Court in Sooraj lamps
2. you will have to trace the seller of your mother to do a confirmation deed and register the original document and also full stamp duty with penalty has to be paid on the document by which the seller sold the property to your mother
3. once the property is properly transferred to your mother's name, your father can sell the same with you and any other legal heirs joining as confirming parties in the agreement to be signed with the prospective buyer
The POA on your deceased mother's name shall not be considered as title deed.
Generally, the principal has the right to terminate the Power of Attorney whenever he wills to do so. Some of the conditions for revocation are ( by virtue of Section 201 of the Indian Contract Act, 1872):
Power of Attorney may also be revoked if there is an implied revocation of the Power of Attorney or in case of time barred agency, the term of the Power of Attorney expires.
Your mother is the POA holder and she is reported to have died hence the POA deed stands revoked automatically, therefore the Will executed by her is not enforceable in law.
Section 202 of the Indian Contract Act, 1872 reads as:
“Where the agent has himself an interest in the property which forms the subject matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest.”
Therefore, by virtue of this section, a power of attorney can not be revoked by the principal without the consent of the agent if the agent has an interest in the subject matter of the Power of Attorney. Moreover, such Power of Attorney is not deemed to revoked even after death or insanity of the principal.
However here the situation is that the power agent herself is died, hence section 201 (2) will be applicable to this situation.
It's better to first the property bd mutated as per will in your fathers name and then get transferred. As it may created issue in executing sale deed on basis of only legal heir
1. Father can sell property directly to new buyer (based on the will, without getting first transferred in his name in the records) PROVIDED "ALL" the residual legal heirs of deceased mother are "Confirming & Consenting parties" as signatories in the new Registered Sale Deed.
2. IF above is not possible, THEN Father has to get Mother's property transferred /mutated in his name, by following due procedures of law (Application, Proof of Relation, Aadhar & PAN Cards, Affidavit, Indemnity Bond, Death Certificate, prescribed fees of authorities etc.... )
apply for mutation in name of legal heirs..
When the “principal” ( the person who signs a power of attorney document) dies, the POA terminates.
once property mutated legal heirs can sell property.
You have to apply for transfer of property to your father name along with will of your mother.
legal heir certificate of your mother will also be required along with her death certificate.
You have to apply for transfer of property to your father name along with will of your mother.
legal heir certificate of your mother will also be required along with her death certificate.
