Yes you can obtain a general power of attorney from your sister in law on her behalf and on behalf of her childrens as a natural garden other who are minors. You can send the property on the basis of said general power of attorney on behalf of the legal heirs of your deceased brother and as well as on your behlaf and that will be sufficient to execute a sale deed in favour of the prospective buyer.
General Power of Attorney
Dear Sir, We own a plot and 1/2 acre of land in our native village. My elder brother who was working as central govt employee recently passed away. We have obtained a family member certificate from local MRO office. Now we wish to sell the plot and land to prospective buyer, for this purpose wanted to find out can I take a General Power of Attorney from my Sister in Law (kids are still minors). Will this be sufficient for me to execute the sale deed and confer rights to buying party on my and brothers family behalf. As this involves travel and multiple buyer meetings, hence need clarity on the legal standing and powers of the General Power of Attorney. Regards,
Asked 7 years ago in Property Law
Religion: Hindu
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4 Answers
1) you can obtain POA from sister in law for sale of her share in the land
2) POA should be duly stamped and regsitered
3) for sale of minor share court permission is required
Sir, Need clarification on this... " for sale of minor share court permission is required" my brothers kids are aged 15 and 11yrs. Will they also have a share in the property OR will my sister in law as their guardian and widower of my brother have complete rights till the time kids are majors. Please clarify. If the minor kids have rights and my sister in law doesnt have complete rights then what is process to obtain permission from court..
Asked 7 years ago
1) brother kids have share in the property . on your brother demise his wife and children have equal share in property
2) widow cannot sell children share without courts consent
3) mother has to file an application in court and seek court consent for sale of minor share . court would grant permission subject to sale proceeds minor share being placed in fixed deposit in nationalised bank
If your brother who just passed away was one of the co-owners of the plot in question then his share devolved on his mother, widow and children. The mother and widow can give a NOC for the sale of their share, but to sell the share of minors permission is required to be obtained from the court. Accordingly, the heirs who are desirous of selling the property should file a petition before the court of guardianship judge to seek his permission to sell the share of minors.
