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Adviseseeker (Eng)     23 May 2011

Legal heir rights and representation

My father passed away 4 years back. Besides my mother I have two more sisters. My father had purchased a plot in a city where we dont live. Now we want to sell it off. Could anyone please help me know if we can provide Power of Attorney to another person, not among the legal heirs, to go to that city and sell that property? If this is possile, then what would be the procedure we need to follow?



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 5 Replies

vengalrao (advisor)     23 May 2011

 mail id ajvrao2002@yahoo.co.in cont through email

Bharatkumar (ADVOCATE )     23 May 2011

Yes, U all give a POA to another person but u registered this POA in registrar office when u stay or place of property then you sale this property by POA, but u take a advice of local lawyer for that.

Adviseseeker (Eng)     23 May 2011

Thanks Mr. Bharat. Could you please let me know whether the POA can be done in the city where we reside and do not have to travel to where the property actually is?

Akshay Saraswat (Assistant Manager - Legal)     23 May 2011

u wont have to travel to another city to execute this PoA, but you need to consult a lawyer of the city where your land is. the lawyer would advise you on stamp duty payments and any other relevant notifications if any in this regard.

For e.g. if you are living in Bhubneshwar in Orissa and have a property in Jaipur, then you can very well execute the PoA in Bhubneshwar, but the stamp duty calculations have to be made according to Jaipur, as property is situated there.

The best would be if you can go to some law firm having an office in that other city as well, they will charge decent amount of money but at least the transaction would be done properly.

Adviseseeker (Eng)     24 May 2011

Thanks a lot. This helps. However the property is in Kharagpur and we have put up in Kolkata.


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