Fern (consultant) 15 June 2017

Is power of attorney necessary

My father had bought residential flat in 1972 in Mumbai in joint name with his brother. My father had signed Purchase Agreement on behalf of his brother without any Power of Attorney given in his favour. Hence, Society wrote only my father's name in Share Certificate and the Register. My uncle has not given any document whatsoever to the Society. My father expired last year.

1) Please advice if my Uncle is bonafide 50% owner of the flat.

2) Can I sell my 50% to anyone without taking consent of my Uncle?

Thanks.

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4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 15 June 2017

1. IF the "Purchase Agreement" mentions TWO names, THEN both parties have to sign on the "Sale Agreement". The Society membership Share Certificate has no relevance, at all, as far as ownership of property is concerned.

2. In case instant, the Uncle and the Legal heirs of deceased father, both have to sign the currrent Sale Agreement, AFTER following due proceedure of law. It would be a Criminal Offence to sell such property with only one signature

Keep Smiling .... Hemant Agarwal
VISIT: https://www.maharashtra-society-help-forum.com

Law Aspire (Legal) 15 June 2017

A Power of Attorney was given by Mr. D to Mr. B to act on his behalf in a particular transaction.
If Mr. D himself acts in this Transaction without cancelling the Power of Attorney , will it be considered as revocation of Power of Attorney given to Mr. B

Fern (consultant) 15 June 2017

Thanks. There was no Power of Attorney. The Agreement shows signature of my father as CA (constituted Attorney) to my Uncle. As POA does not exist at all, is my Uncle's name legally valid as 2nd holder? My Uncle has not signed any document about this flat.

Fern (consultant) 15 June 2017

Thank you very much. 1) My father had signed the Agreement as CA (constituted Attoreny) to my Uncle. But there was / is NO Power Attorney given. So, is my Uncle's name as 2nd holder legallly valid? Does he get 50% right?

2) Can my Uncle sell his 50% right (if at all) to any 3rd party and can the new Buyer stay with us in the flat?!!!! Or, vice versa.