Use of Power of Attorney
Aj Mann
(Querist) 07 March 2011
This query is : Resolved
My mother is due to go to India in April for two months. I have given her power of attorney so that she may sell the land left to us by my father (if she can find a buyer).
Which of the two options would be better from a cost/tax perspective:
1) For her to use the power of attorney to transfer the land into her sole name and then try to sell it(so if she doesn't find a buyer on this trip at least I don't have to give her power of attorney again)
OR
2) For her to just register the power of attorney and only use it when a buyer is definitely ready to buy?
adv. rajeev ( rajoo )
(Expert) 07 March 2011
you can opt for one of the said methods. P
A will be valid till itz revocation.
manoj r. dubey
(Expert) 07 March 2011
first of all i am little bit confuse about your query. first make it clear that whether the land which u are taking about stands in your name, because after the death of your father that land automatically gets transfer in your mothers name. for changing the names in the records of the authority to mothers names simply the death certificate is requried of your father
Aj Mann
(Querist) 07 March 2011
Manoj, the land is in my father's name. He has five children (me and my four sisters). There is no will in place, therefore I understand that we all received an interest on our father's death.
We have all given power of attorney to my mother as we do not want any right over the land and she wants to sell it. I just need to know whther the land should be transferred to her sole name BEFORE or AT THE TIME of sale. What are teh tax/legal implications?
Vinod Singh Tomar
(Expert) 08 March 2011
You can not give which you do not have. So your power of attorney is nothing in the eyes of law. Your mother is required to apply in the court of law for succession certificate wherein you all means brother and sisters will be required to give your no objection or relinquishment of rights in respect of all the properties of your deceased father. Thereafter only court will issue succession certificate. On this basis, all the properties will be entered in the name of your mother. Then only she will be able to sell the properties.
Aj Mann
(Querist) 08 March 2011
Thank you. So do I need a deed of relinquishment from me and my sisters? If so, can this just be winessed by two people in UK or does it have to be attested by Indian High Commission?
