My grandfather had appointed my mother and uncle as principal/executer for his estate. My mother had provided my uncle registered General Power of Attorney (GPA) in 2010. As per the clause my uncle can sell land on my mother’s behalf, however the sale proceeds are supposed to be paid to her/Principal. I found from the West Bengal website there have been several sales executed since 2010, in which both my uncle and mother are reflecting as seller. No proceeds or documentation have been received from my uncle. - Who is liable to pay capital gains tax on the sale of the land, when both my mother and uncle are declared as seller but no proceeds received by my mother? - Can a GPA be revoked from other sub-register office (in West Bengal) other than the one registered/ can any attorney do on her behalf (the property is not in the same location, and my mother is not keeping well)? - Since we do not live in the same location as the property, if GPA is revoked from my uncle what is the best solution so that the property taxes, maintenance is taken care of? - In the event of my mother’s absence, should she register a will so that in future her heirs can claim inheritance on the remaining estate , which she jointly owns with my uncle? - There is separate land in her name for which we just have the Record of Rights? Should the land be registered and if the registration needs to happen in the same place?
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Your mother and uncle are liable to pay capital gains tax as both are reflected as sellers
2) issue legal notice to uncle of revocation of POA .
3) deed of revocation/ cancellation has to be registered wherein original POA registration took place
4)
lawyer cannot revoke on her behalf
5) mother can execute will bequeathing her share of property to the beneficiary mentioned in will
Yes execution of will is the appropriate remedy in above case
Revocation of the PoA has to registered only with the registrar where it was originally registered. Your mother may issue a legal notice to her brother asking for sale proceeds of properties sold by him on the strength of the PoA, and if there be no response, proceed to file a suit against him. The seller is legally liable for capital gains. Your mother may very well execute a Will bequeathing her unsold properties to anyone of her choice.
Whether your mother received the sale proceeds or not, she being the owner fo the property and having sold either by herself or through her power agent, your mother is liable to pay the capital gains tax from the sale proceeds as applicable .
Your mother can very well revoke the GPA given to her brother even without assigning any reason to revoke the power deed executed in his favor by issuing him a legal notice and then executing a cancellation deed in the concerned registrar's office to cancel the registered power of attorney deed.
If you are living away from the property's location and have cancelled the power of attorney deed, then you may have to make an alternate arrangement to pay the taxes or maintaining the property.
On the event of your mother's demise, the properties left behind by her shall automatically devolve on her legal heirs even if there is no Will made to bequeath the properties and under this circumstances the power of attorney deed shall stand cancelled automatically.
If your mother is not having a registered title deed to the said proeprty she may have to arrange to get the same done at the earliest otherwise she cannot claim title to the property
1. It is not clear as to whether your grandfather has bequeathed his estate in favour of your Uncle and mother. The said document is required top be perused for properly advising you in this regard.
2. Unless your mother has received the payment, she is not liable to pay the capital gain tax. Moreover, in case of inherited property, no capital gain tax is required to be paid since there has been no capital invested and gain accrued from that investment.
3. The said GPA can be revoked/cancelled and such cancellation deed can be registered in any other sub-registrar's office.
4. If it is clear that your mother has been bequeathed with equal share of your late grandfather's properties, then your mother can file a partition suit for legally dividing and demarcating the said properties and then deal with her share of those properties by herself including paying the property and other taxes levied on the said properties.
5. If the title of the said properties of your grandfather, since deceased, jointly stands in the name of your mother and uncle, then your mother can execute a will bequeathing her share of the said properties in favour of any body she wishes to.
6. Land is not registered. The Deed of Conveyance through which the title of the land was transferred in favour of your mother can be registered.
- Both are liable to pay
- Yes, she can approach the Registrar after executing a cancellation deed.
- The cancellation deed should be registered in the office where the GPA was registered.
- YES
- She can execute gift deed or a WILL.
