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Rajesh Choudhari   21 February 2023

Advice

My friend is looking for an advice related to a property deal he is executing in Bhopal. The said property is under the name of his mother and they are two brothers. While the property sale was being done in Mothers presence and consent, the power of attorney to do the legal work was given to his elder brother. First half of the agreement is already executed and the remaining half is pending. 

unfortunately mother of my friend passed away last month. Now he is in a dilemma and has no idea on how to take the sale forward make it legally fulll proof case.

Mother has a WILL which nominates both brothers as the owners of the property. Also just to note one of the son is staying abroad and elder one is in India.

Please can anyone suggest what needs doing ?

 

 



Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 February 2023

 a PoA remains valid only till the life of the principal. so your friend power of attorney is not valid.

Rajesh Choudhari   22 February 2023

Thank you for your reply. However in his case what is the best way to move forward to complete the sale deed.

Real Soul.... (LEGAL)     22 February 2023

You have to transfer the property as per the will and then the two brothers cans make sale of property. But while registering the sale deed of the property both of the sellers should remain present. So the first part is to transfer of property.

T. Kalaiselvan, Advocate (Advocate)     22 February 2023

The power of attorney deed executed by mother in favor of her elder son stands automatically revoked/cancelled upon her death.

Therefore the legal heirs of the mother have to execute a registered sale deed in favor of the prospective purchaser jointly.

If this is not possible then the person who is residing in abroad can execute a power of attorney deed and get it notarised by a notary public of the country of his residence or attested by an official of the Indian embassy/consulate.authorising his sibling/legal heir to execute the deed for sale on his bahalf too.

This power of attorney deed sent in a sealed cover to the sibling in India shall be opened by the registrar concerned after which he will adjudicate the same, by which the power agent can sell the property on behalf of the principal. 

If you want to enforce the Will then the beneficairies of the Will have to apply for mutation of revenue records to their name by moving an application before the revenue department. 

For this both have to sign the application or one can move on the basis of power of attorney deed executed by the other in other's favor.  

After mutating the revenue records, the other person can execute the sale deed on behalf of his sibling too by the virtue of POA deed. 

1 Like

Rajesh Choudhari   22 February 2023

Perfect thank you for addressing each of my points 

Sudhir Kumar, Advocate (Advocate)     01 March 2023

no other way.

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