transfer of immovable property

Hi  Anu

As per TPA,1882 AND GENERAL LAW--> hERE THE RELEVANCE OF DATE PLAYS AN IMPORTANT ROLE. The latest date as of today will prevail to execute the transfer.

Suppose, Power OF attorney -- date- 01/01/2009

Wiil date --> 02/01/2009

then the person in whose favour the Will will prevail in respect of date.

Provided it speaks of same subject matter of property and the same transferor on both will and power of attorney.

regards

Bharti Kukreja ACS

Signature of both of the persons are required.

If not done so any one of them could challange the transfer in the court of law and put the property under dispute.

The power of attorney holder's power is over after the death of the transferer .The Will aquired the power after the death of the testator

Dear Anu,

Your query is ambiguous. You have stated that the property has been transferred in favour of one person through a POA. Does this mean that the title of the property is transferred from A to B through the POA of A or do you mean to say that A has executed a POA in favour of X empowering him to sell the property.

If the property is already transferred to B through X then A no longer has the title and hence his death has no significance since the owner is B and not A. Therefore there is no need to get the document executed by X(POA) since the property is already transferred. Similarly the Will of A has also no relevance since the property was transferred during his lifetime to B.

But in the latter case, A being the owner of the property has agreed to sell the same to B through his POA X and has received a substantial portion of the consideration. A has also executed a will in favour of Y. When A dies, the POA is rendered automatically void and what will survive will the Last will. Thus after the death of A, Y will inherit the said property and hence be the owner. Hence it will be Y who should execute the conveyance in your favour.

Thanks, Ramakrishnan Adv 

hi friends,

thank you very much for your valuable opinion. But i gather that i've not been able to put before you my problem properly,so i am giving you facts in detail----Actually this transaction occured in 80's.A wanted to sell his property to two brothers B & C.But to save stamp duty on sale, A instead of executing Sale-deed, executed (a)POA in favour of B by which A gave all rights to transfer and manage property to him,(b)affadavit by which A renunciated his right to revoke this POA or to further transfer this property to anyone else.Secondly. in order to silence all future dispute that may arise between A's heirs and B&C, A also simultaneously executed WILL in favour of C.And in return B & C paid A full value of this property.Now B & C wants to transfer this property to D by gift deed. and Q. is- A being dead today, whose signature (B's or C's) will be needed to further transfer the property by gift deed to D?

Dear Monica

As per your query it is for your kind information that POA will have no value once the person making it expire. Moreover as in your case the POA holder did not transfer the property in question to anyone during the lifetime of Executant of the POA hence now "WILL" will prevail.

Sanjay Singh Thakur

Advocate.