• Execution of relinquishment deed by special power of attorney

Hi, Can 4 brothers and sisters execute a special power of attorney at Varanasi to relinquish their share in favour of their 2 brothers for a property in Sultanpalya, Banaglore? All are co-owners and are old aged and not in position of travelling to Benagaluru. Will this registered SPA be admissible and accepted in the court of law and sub registrar's office? The POA holders shall be the 2 brothers in whose favour relinquishment deed is to be executed.
Asked 1 year ago in Property Law from Varanasi, Uttar Pradesh
Religion: Muslim
1. Yes, POA can be executed in the place of residence of the principals irrespective of place of property.
2. So if the siblings stay in Varanasi they can execute the POA therein .
3.But if this is deed of relinquishment then it has to be dine in the place where the property is situated.
Devajyoti Barman
Advocate, Kolkata
6894 Answers
78 Consultations
4.9 on 5.0
Yes this can be done. They can execute a GPA in favour of any of their relatives including the beneficiaries to authorize him to execute the relinquishment deed for and on their behalf in favour of their 2 brothers. The said GPA has to be registered. It will be accepted by SR.
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
5.0 on 5.0
Yes. Special power of attorney should be registered at varanasi and a seperate relinquishment deed based on SPOA can be done in bangalore. It is admissible in courts.
Rajgopalan Sripathi
Advocate, Hyderabad
971 Answers
69 Consultations
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1) SPA can be executed in Varanasi by the 4 brothers and sisters if they are residing in Varanasi 

2) it would be accepted by sub tegistrar office 
Ajay Sethi
Advocate, Mumbai
27284 Answers
1483 Consultations
5.0 on 5.0
Hi, Brothers and sister can execute General power of attorney to one person with in the family members and there must be a specific clause in the GPA that attorney can execute release deed on behalf of the principal.

2. Based on the General power of attorney they can release their share in the property.
Pradeep Bharathipura
Advocate, Bangalore
4199 Answers
149 Consultations
4.3 on 5.0
Power of attorney can be executed by The co owners in favour of Any relative if they are residing at Varanasi and unable to travel to Bangalore 

The said relative can execute relinquishment deed in favour of E and F at Bangalore where property is situated 

Ajay Sethi
Advocate, Mumbai
27284 Answers
1483 Consultations
5.0 on 5.0
Repeated 
Ajay Sethi
Advocate, Mumbai
27284 Answers
1483 Consultations
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The SPA can be executed at Varanasi, on the basis whereof the release deed may be executed at Bangalore. The SPA should have a clear mention of the purpose and authority of the instrument to be executed. 
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
5.0 on 5.0
Yes. A, B, C and D can execute a special power of attorney exclusively for bangalore property in favour of  E and F at Sub-registrar office varanasi. . The special power of attorney holders  will then travel to banglore and get the release deed executed in bangalore sub registrar office after payment of necessary stamp duty and registration charges.
Rajgopalan Sripathi
Advocate, Hyderabad
971 Answers
69 Consultations
5.0 on 5.0
Can 4 brothers and sisters execute a special power of attorney at Varanasi to relinquish their share in favour of their 2 brothers for a property in Sultanpalya, Banaglore? All are co-owners and are old aged and not in position of travelling to Benagaluru. Will this registered SPA be admissible and accepted in the court of law and sub registrar's office? The POA holders shall be the 2 brothers in whose favour relinquishment deed is to be executed.
Yes the power of attorney can be executed at any place for transacting the property situate anywhere. There is no legal infirmity in it.
T Kalaiselvan
Advocate, Vellore
17407 Answers
165 Consultations
5.0 on 5.0
In a property situated at Bangalore, there are 6 co-owners, A,B,C,D,E and F.   All reside in Varanasi. A B C and D are old aged not able to travel to Bangalore and they want to relinquish their shares in the said property in favour of E and F. 
Can A B C and D execute special power of attorney in favour of E and F at Varanasi and E and F go to the Sub registrar office at Bangalore and get release deed executed in their favour?. Or what is best option/solution in your learned view? Please reply
Execution of power of attorney in favor of E and F for any other purpose will be maintainable  but for executing a registered release deed on their own name may not be tenable in law.  For this purpose, you may opt a third person who shall execute a registered release deed in favor of E and F.
T Kalaiselvan
Advocate, Vellore
17407 Answers
165 Consultations
5.0 on 5.0

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