Yes, if the rest of the person give POA then it can be executed in absence of them.
Regards
Sale of Property
We are 5 married Children and my mother is widow. The house has come to final sale process. But due to Covid, all the children are not able to come together to sign. Is there any procedure for the sale where one or two can go and sign and execute the sale.
Asked 3 years ago in Property Law
Religion: Christian
19 Answers
The children who cannot be present for execution of sale deed can execute registered POA in favour of family member to execute registered sale deed on their behalf
No, For sale deed of immovable property owner's present is compulsory and on GPA it not applicable as per the latest amendment of section 17 as per Indian Registration act.
[(1A) The documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the Registration and Other Related laws (Amendment) Act, 2001 and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53A.]
Dear Ma'am/Sir,
The children who are not able to visit can execute a registered Power of Attorney in their respective districts and send them to one person who can then sign and execute sale the sale deed on behalf of others.
Those who cannot come can give power of attorney to one of the co-owner. Talk to the lawyer who is preparing the
sale deed and he would get the needful done.
- Yes, legally it can be possible after giving authority to other member ,who is able to appear before the registrar.
- If your mother or any member is unable to go there for executing the deed, then they should give SPA/POA in favour of other to sign and execute the Sale deed in their behalf.
You need to do it with PoAs if personal presence is not possible
1. Yes if all the owners gives registered POA to any one of them he can can represent all others at the time of registration.
2. However the problem is during registration of PPA both the Principal and the Attorney needs to be physically present.
3. Therefore the physical movement can not be avoided altogether.
1. A registered power of attorney can be made in favor of the person going and registering by rest others , using POA the person can sign and execute on behalf of siblings and mother not going to sign.
1. Such of those children who cannot be able to physically present for executing the sale deed can authorise one or two siblings or their mother to execute the sale deed on their behalf in the jurisdictional Sub Registrar's Office by giving the power to sign by giving a registered POA to them.
2. Based on the registered POA, the sale deed can be executed without having to physically present in the process.
1. ONLY a proper Stamp Duty paid (500/-) and Registered POA holder is entitled to execute any immovable property transaction before the local registrar of sub-assurances. Online POA Registration facility is not available, as yet. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to "ANYBODY", irrespective of relationships. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed.
2. POA may have strategic clauses and time limitations of the deal (payment terms, validity time period of the POA document ....), for safety of the POA giver.
3. POA can be registered "ANYWHERE" in India, before the local registrar of sub-assurances and shall be valid throughout India. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed. A Notarized POA is legally infructuous for immovable properties.
4. POA document can be endorsed abroad by the local consulate office and SUBSEQUENTLY stamp duty paid and registered in India, for it to be legally enforceable.
5. IF person CANNOT go to Registrar office to register POA, THEN Registrar's officer can be requisitioned to visit home, to register POA, on payment of due fees by following due procedure of law.
6. As per a SC judgment, "Immovable Property" CANNOT be sold using a GPA and such GPA and Sale shall remain legally null & void.
Get the digitally signed NOC from those who can't come to sign physically
1. The children who are not able to come personally to execute the sale deed are free to execute a GPA in favour of any of their siblings to authorise him/her to execute the sale deed for and on their behalf.
2. The GPA has to be registered.
Please get Special Power of Attorney executed by all to anyone of you for the sale and registration of property.
Yes other chilren and mother can give POA to any child who will execute sale deed on their behalf.
all heirs can execute POA in favour of Mother. she can execute sale deed behlaf of all heirs.
The property co-shared by all six, can be sold jointly by all by executing a joint registered sale deed in favor of the prospective buyer.
There is no exemption to it.
Alternately either of yo an execute a power of attorney deed duly registered in favor of one another so that the power agent can sign the sale deed on behalf of his principal.
Yes the legal heirs which cannot travel to place of registration can send registered POA from their place of residence in favour of one co-owner for sale of property and execute registered sales deed.
A PoA ie power of attorney must be given to the other shareholders and they may execute the sale deed.
