• Is release deed required to sell the flat if in the name of all legal heirs

Hi, I the son and 4 sisters. Two residing in canada.Being single brother, i have the POA of all sister with 2 in canada, documents duly attested in indian embasy. The property is transfered to all 5 legal heir with equal share of 20 in share certificate. The main 2 names in d coop soc is myself and my elder sister. My question is, Do i still need to prepare release deed seperately to sell the property and share equal amount to my sisters when their name is already there in share certificate and I have d POA to sell d property
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

release deed is not necessary as you have been authorised by your sisters to sell the property by POA 

Ajay Sethi
Advocate, Mumbai
94809 Answers
7554 Consultations

5.0 on 5.0

Please be aware that the share certificate given by the society is not a title document.

The property belonged to the deceased owner who is reported to have died intestate, hence it shall devolve equally on the deceased owner's legal heirs.

Now some of the legal heirs who reside in a foreign country have executed a POA in favor of the Indian legal heir, the power agent can sell the property on behalf of them also without insisting a relinquishment deed from them, he can combine the local residents as parties to the sale deed that is to be registered in favor of the prospective buyer. 

T Kalaiselvan
Advocate, Vellore
85010 Answers
2208 Consultations

5.0 on 5.0

On the basis of POA, you can sell the property, you are duly authorize to act on their behalf. And about distribution of payment, all have 20%. You can retain the full amount with their consent or if you are authorize through POA.

Yogendra Singh Rajawat
Advocate, Jaipur
22659 Answers
31 Consultations

4.4 on 5.0

1. Transfer of Society membership is NOT equal to Transfer of Property.  IT is just simply transfer of Society's Membership in Five persons names.

2. You can sell the property by mutual and joint signatures of all Five persons in the Sale Deed, as  "Confirming & Consenting Parties".  This will not require any further documentations etc....

3. IF point no. 2, is not feasible, THEN execute a Registered Family Settlement Deed in favor of one person, who can then sell the property on behalf of all others.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Not necessary, A POA will authorize you to sell the property.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can sell ancestral property with the consent of all legal heirs. You sisters can execute Registered POA through Consulate.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You may have to authorise the power agent through this GPA deed to do all such specified acts as mentioned i the schedule of the said deed. 

If the power agent is authorised to do all the desired acts, i the deed with specific mention about them in the deed, then the agent can proceed with such things on behalf of the principals.

 

T Kalaiselvan
Advocate, Vellore
85010 Answers
2208 Consultations

5.0 on 5.0

It is advisable to have specific POA to sell ancestral property in Gujarat 

Ajay Sethi
Advocate, Mumbai
94809 Answers
7554 Consultations

5.0 on 5.0

1. POA is always given for specific purposes. Hence POA MUST mention the specific details for what & which all purposes alongwith the time limit, non-transfer'bility , the POA maker wishes that the POA holder must act on his behalf.

2. The Registrar of Sub-Assurances, will look into the above, before allowing  any further registrations.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

See using there power of attorney you can sell and execute sell deed on behalf of your sisters and the consideration amount can be credited to there account. Release deed to sell is not required. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See for same POA need to be perused to make a sale deed the power of sale should be there in POA and description of property should be there. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Depends on language of POA, how much and on which properties, authority given to you. If POA speaks to act on their behalf on all father or fore father or bank accounts n FDs of father. You can .

Yogendra Singh Rajawat
Advocate, Jaipur
22659 Answers
31 Consultations

4.4 on 5.0

You don't have to prepare relinquishment deed you all can execute sale deed and transfer the property

Prashant Nayak
Advocate, Mumbai
31968 Answers
180 Consultations

4.1 on 5.0

The POA should contain the details of property to be sold by the Attorney with clear authorization to do so.  

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. Since you have been authorised by your sisters to sell the property for and on their behalf you do not require any release deed from them.

2. You are bound to share the sale consideration with your sisters unless they relinquish their share therein.

3. For the other property you should get a separate GPA.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. If you have POA of all your sisters then you don't need to execute release deed in your favour to sell the flat.

2. You just have to get the POA registered with sub registrar to execute sale of flat. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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