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Raja Rajan (Prop.)     25 July 2020

Selling a property under power of attorney

A lady by the name of Janaki was working in my company. Her husband was Raman.  

Both of us purchased a plot in my hometown in Tamil Nadu. My plot No. was 42 and Janaki's plot no. 43. (Our idea was that after retiring, both of us will settle there as neighbours.) 

Janaki became ill because of kidney failure. Janaki and Raman borrowed money from me for various reasons, - medical, education for their children, and for other expenses. Janaki was a very good and sincere worker and I helped her a lot. At a point, the money borrowed reached more than Rs. 3 lakhs.

So, Janaki and Raman decided to sell the plot to me in lieu of the money. Though the plot was not worth of 3 lakhs, I said OK. But, as I was not interested in building in that plot, I thought it can be sold to someone else. Since both of us are in Delhi, Raman came with me to Tamil Nadu, and registered a power of attorney in the name of my friend, so that he can sell it when a suitable buyer comes. All this happened about 7-8 years back.

After about 2 years, Janaki died, and after another 2 years Raman also died. They had two children - one daughter who is married and working, and a son who is employed in hospitality sector. Daughter is not in contact as she went to U.P. 

Now I am in need of money because of lockdown problems, and asked my friend to sell the property. (Even now the property value is just 3.5 lakhs.)

But, I came to know that the power of attorney is now invalid since the Principal - i.e. Raman is dead.

Original purchase registry document in the name of Raman, and power of attorney he gaive - both are in Tamil Nadu with my friend. 

I would like to know what is the procedure to sell the propery.



Learning

 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     25 July 2020

Hello,

You cannot sale the property on the basis of power of attorney as executor is dead. Now you have option to file recovery case on the basis of documents available with you. Consult with local advocate in detail he may find out some solution for you.

1 Like

P. Venu (Advocate)     25 July 2020

Yes, the PoA has become invalid. The legal heirs of the deceased liable to make good the debt limited to the property they had inherited. You may try to settle the matter amicably with them

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