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puneet (manager)     14 February 2013

Reg power of attorney

Dear sir

my father has a house in his name which he got constructed in 1992-1995

now he is not keeping well and also want to sell that house. He wants to execute a power of attorney in favor of my mother and want her to sell the house and do whatever with the proceeds. We are two brothers and are ok with what he wishes to do. We however want to know certain things-

1.if he executes a poa in the name of my mother what type of poa itshould be so that she gets full rights to dispose the property.

2 whether she can keep sale proceeds in her name.

3 what about long term capital gain tax. Who is, liable to pay tax my father or mother.

apart from poa is there any other document by which he can transfer the house in our mother name without paying stamp duty. He is ready to execute any doc like his will or family settlement etc.

kindly guide

 

 

regards



Learning

 1 Replies

V. Sibi Thomas (Professional)     15 February 2013

@Puneet,

Your father can execute a poa with specific instructions for selling the property (mentioning the particulars of the property intended for sale) and to receive the proceeds of the sale. poa has to be registered.

but she cannot keep the proceeds of the sale.

your father shall be liable for the capital gain tax. if there's a capital gain.


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