Rights of legal heir
JEGADEESAN
(Querist) 04 March 2014
This query is : Resolved
Dear Sir,
I wish to clarify a doubt regarding rights of a legal heir.
Mr.Perumal has purchased a property in 1965. & he had expired in 1997
Further he has 2 legal heirs(One male & Female)After that the male was also expired in 2011.Now the property of the Perumal has to be separated.Whether the Grandchildren of the perumal can execute the settlement deed between his aunty or sale deed should be executed ?.
Who can sign if while the aunty is not well (she cannot walk, talk like the normal people, she has hearing disabilities) ?
Whether her son can execute the settlement deed or sale deed with his brother in Law on behalf of his mother? Whether is it legally valid?
R.V.RAO
(Expert) 05 March 2014
the property is is self acquired property of perumal.as he died intestate,the property dwells on his class 1 legal heirs who take one share each.any legal heir can execute settlement deed for transfer of property.
since the aunty is legal heir,she only has to execute settlement deed for any settlement of property (unless the legal heirs want between themselves to sell and execute sale deed ).her son cannot sign a property settlement deed on mother's behalf unles she gives her son POA to sign on her behalf.
JEGADEESAN
(Querist) 05 March 2014
Dear Mr.Rao Sir,
Thanks for your reply.I need one more clarification
1.Since the lady(Aunty) is suffering from illness what is the alternative?
2.Whether POA (executed between her & her son) should be compulsorily registered ?
3.Is it possible to execute the sale deed by her son through unregistered POA?
malipeddi jaggarao
(Expert) 05 March 2014
Well advised by expert Mr.R.V.Rao.
Regarding your further queries:
1. There is a provision that the Registrar can come to the lady's place for execution of document. Enquire with the concerned registrar's office.
2. Yes.
3. No.
T. Kalaiselvan, Advocate
(Expert) 05 March 2014
Nothing more to add, the subject issue has been properly addressed by all experts.
