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Dharmendra (-)     12 April 2015

Power of attorney

There is a property who is on name of My Grand Father (Father of my mother), who had been passed and now my uncle (Mama) who is nominee and wants to transfer property on his name. For transfer he requires No Objection from all other legal heirs. They consist of five sister-brothers.

1. Elder Sister is passed away?

2. Younger Brother is also passed away? 

In above case, what will be the option?
3. Elder sister family is settled in mumbai and whether their child can give power of attorney to someone in kolkatta to carry out necessary proceedings.

4. Do we need to register power of attorney in mumbai and if we so what could be the registration charges and fee?

 5. Is all party need to be present in mumbai at the time of registration of attorney. (Attorney is in kolkata)
 

Thanks in advance for your help and advise.

 



Learning

 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     12 April 2015

Sir, I mean why do you need a POA, your query was NOC right .... So better the RD and transfer the property tl anyone you wish to .... Warm Regards Kapil Chandna Adv 9899011450

Kumar Doab (FIN)     12 April 2015

As per internal rules of the society etc NOC may do.

 

Relinquishment deed  by all may be a better option.

Advocate Ravinder (Advocate/Attorney)     12 April 2015

I Agree with above experts.

T. Kalaiselvan, Advocate (Advocate)     16 April 2015

Elder sister family is settled in mumbai and whether their child can give power of attorney to someone in kolkatta to carry out necessary proceedings.

 

Elder sister is the one entitled to a share in the property hence she only can execute a power of attorney deed in favor of a person of her choice.

 

  Do we need to register power of attorney in Mumbai and if we so what could be the registration charges and fee?

You can register the power of attorney deed in Mumbai or in place of the property, the stamp charges can be known from the local registration office.

 

  Is all party need to be present in mumbai at the time of registration of attorney. (Attorney is in kolkata)

Not necessary, the party to execute the POA  can be present wherever he /she executes the same.


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