flat on POA, Parents died without registration
Neeraj
(Querist) 26 February 2010
This query is : Resolved
One of my relative bought a flat in ghaziabad on Power of attorney (POA). He and his wife died without registration. Now his Sons who are legal heir wants to register the flat in their names.
Please advice what is the legal option to register this flat. We have tried to contact the person who sold this flat my relative, he is not cooperating in registration of the flat.
If you need any other information, please let me know.
Thanks
Neeraj
O. Mahalakshmi
(Expert) 26 February 2010
The sons should file a partition deed. Then they can easily get registration legally.
Devajyoti Barman
(Expert) 26 February 2010
If the flat is not registered in the meantime then there is no impediment now to get it registered in the name of the Principal if that relative bought that one in the capacity of the constituted attorney. In any case the legal heirs can always ask for registration to complete the purchase.
Parveen Kr. Aggarwal
(Expert) 26 February 2010
If there is no other document except the power of attorney in favour of your relative and the seller is not co-operating, it is very difficult to get the flat registered in the names of sons of your relative.
How much time has passed when the flat was purchased by your relative?
Raj Kumar Makkad
(Expert) 26 February 2010
If your relatives had not specific agreement for sale in their favour then it shall be very difficult for the sons of your relatives to get the registration of the house in their names as GPA expires immediately on death.
Neeraj
(Querist) 01 March 2010
The flat was bought more then 10 years back and relative died 2 years back.
Parveen Kr. Aggarwal
(Expert) 02 March 2010
Whether the seller has ever made any effort to interfere in the possession of your relative and/or his legal heirs?
Just to bring it to your notice that in case the seller brings any suit for possession, the legal heirs of your relative may take plea of adverse possession after completion of 12 years of the possession.
Neeraj
(Querist) 03 March 2010
The Seller, so far never attempted for possession ,since it was sold. Now the flat is in the possession with legal heir.
Parveen Kr. Aggarwal
(Expert) 04 March 2010
If the seller is not co-operating in getting the transfer registered in the names of legal heirs then it cannot be got registered. However, the legal heirs in possession must collect as much evidence as they can to show their possession over the flat so that whenever the seller initiates any litigation, the legal heirs may take plea of perfection of title by adverse possession.
