T. Kalaiselvan, Advocate
(Advocate)
06 July 2024
You have to note the following legal issues involved in this:
1. You were given a general power of attorney by your mother, but sadly it remains automatically cancelled upon the death of the principal/grantor of the power deed. Therefore you cannot claim title to the property on the basis of the power of attorney deed.
2. If it was your mother's self acquired and own property then she cannot transfer 50% of property to you by executing a release deed. It is also not known whether the release deed was executed by a registered document or by an unregistered document. Whatever, even if it is presumed that 50% of property was transferred to you by a registered release deed, what about the rest 50% share, how did you get it transferred to your name other than having a GPA deed which also stands cancelled upon the death of the Principal?
3. You say that you are the only legal heir to your deceased mother, then nothing prevents you from obtaining a legal heirship certificate issued by the revenue department and get the entire property transferred to your name subsequent to which to get the share certificate transferred to your name. You have not followed the procedures to get the entire proeprty transferred to your name hence yo cannot claim title to the property to enable you to sell the same in favor of the prospective purchaser.
4. The bank is right in demanding the proper evidence to prove your title in order to ascertain the title enabling you to sell the property to the buyer, only after which the bank can grant loan. The bank cannot grant loan to the property having defective title.
5. you should understand the legal fact that the nominee is a different person to that of the legal heir, the nominee is just a trustee to receive the property on behalf of the legal heirs and he has to subsequently distribute the same to the successors in interest/legal heirs.
Therefore instead of objecting or agitating over the issues involving legal aspects, you may better follow the rules and law in order to sail smoothly.