Power of attorney
Shiyam
(Querist) 23 May 2012
This query is : Resolved
I'm planning to buy a resale flat in chennai. The resale flat is in the name of Mr.Kumar who is not well right now. He had actually executed a power of attorney to his father while leaving for US in the past. After returning he fell sick and is currently not well and in Bangalore. They are planning to sell the flat in order to meet his medical expenses by executing the sale under that power of attorney signed in the past which has a line mentioned in the same saying that this will hold good untill such time Mr.Kumar is in abroad. Given this, 1. can i ask them to execute a fresh GPA in the name of his wife 2. Based on the new GPA will she be eligible to sign the registration process 3.If she executes a GPA in Banalore will it hold good for registration at Chennai? Can somebody help in this regard?
ajay sethi
(Expert) 23 May 2012
sinc Mr kuamr has returned to Inida the POA wont be valid .
you cna ask Mr kumar to execute POA in fvaour of wife . get POA registered .
the wife will then be able to sign the sale deed on bhelaf of her husband Mr kumar
M/s. Y-not legal services
(Expert) 23 May 2012
"this will hold good untill such time Mr.Kumar is in abroad"- so right now mr.kumar in india. so its not valid.,
and where is the property is located there only the registration can be done., so its can be at chennai.
-tom-
Shonee Kapoor
(Expert) 23 May 2012
I agree with experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 23 May 2012
1. Yes. You can ask for fresh GPA as the current one is invalid.
2. Yes. His wife can execute the sale deed if POA is issued in her favour.
3. POA issued in Bangalore will be enough to execute sale deed in Chennai. It is not necessary to issue POA at the place where the property is located.
Deepak Nair
(Expert) 23 May 2012
1. Yes. You can ask for fresh GPA as the current one is invalid.
2. Yes. His wife can execute the sale deed if POA is issued in her favour.
3. POA issued in Bangalore will be enough to execute sale deed in Chennai. It is not necessary to issue POA at the place where the property is located.
Shiyam
(Querist) 23 May 2012
Thanks a lot to everyone for your valuable inputs
Raj Kumar Makkad
(Expert) 27 May 2012
I also endorse the common views of experts.