rekhasaxena (SSE) 08 March 2010

Released deed

I and my husband want to purchase flat in delhi but this property have concenyance deed (mother & daughter) .That time they had paid stamp duty .AFter that mother release his 1/2 share to daughter name on 100rs stamp paper and this release is registered. Now daughter is in aboard and she already transfer power of attorney to her father.

I have some doubt :

1. .Can release deed registered on 100rs stamp paper

2. father can sign at the time of registration.

3. should i make any affidavit from mother regarding this sale?

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3 Replies

Gundlapallis (Advocate) 08 March 2010

If there is any insufficiency in stamp duty it is the concern of the Registrar. When the Registrar registered it, you need not worry about it. You can go ahead. If father has a registered power of attorney from his daughter - yes he can sign the sale deed. As far as mother's part is concerned ask the seller to bring her as witness to the sale deed. That will be enough.

V.Satya venkatarao (EX Executive Director IFCI) 09 March 2010

As the mother has released her share to her daughter through a registered release deed and later the daughter has executed a POA in favour of her father( hope that this POA is also a regiustered instrument), her father is legally competetnt to transfer

vsv.rao