House is on power of attorney now need to get it registered
Querist :
Anonymous
(Querist) 28 December 2022
This query is : Resolved
My Father bought the house in Faridabad city in 1995 on Power of Attorney. Now he is no more ane we want to get the house registered.
Can you please let us know the steps to get the house registered. We have all the relevant documents apart from Registration paper.
kavksatyanarayana
(Expert) 28 December 2022
The agent of the POA or the owner (Principal) of the POA may execute a sale deed in your mother's/legal heirs' name if no objection from the legal heirs of your father. Otherwise, file a declaration suit in court.
SHIRISH PAWAR, 7738990900
(Expert) 29 December 2022
Hello,
Yes the previous owner can execute registered deed in the name of legal heirs of your father. Otherwise you have to file suit in the court.
Advocate Bhartesh goyal
(Expert) 29 December 2022
If previous owner is alive then he may execute sale deed in favour of legal heirs of your father but house purchased/trsnsferred through POA is not legal transfer, for validiation of such transfer registration of sale deed is must.
T. Kalaiselvan, Advocate
(Expert) 29 December 2022
Upon death of power agent, the POA stands cancelled automatically.
Therefore you may have to approach the principal to execute a registered sale deed in favor of you or anyone of the legal heirs of your deceased father or to the authorised person among yourselves.
Dr J C Vashista
(Expert) 30 December 2022
I agree with expert Sh. T Kalaiselvan ji, the PoA stands automatically cancelled on death of granter /executant of the PoA, however, it would have been accompanied with a will of deceased executant / seller of the property.
If LRs of deceased executant of vendor is / are not available or reluctant due to one or the other pretext, file a declaratory suit before jurisdictional court through a local prudent lawyer.
Best wishes for the coming New Georgian year-2023
