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kpm (n/a)     16 September 2012

No deed by nomination is there

Dear Sir,

My parents died without any will. They have an appartment in Mumbai. My Dad has nominated all four of us, siblings, as equal rights for the appartment. Now we plan to sell the appartment. How can we proceed to sell this appartment. We all siblings are agreable to sell the property at market value.

One of my brothers is Abroad, what documnets like Power Of Attorney etc should be procure from him.

And POA is required from him can you please mail me the draft of POA.

Regards

K.P. Menon

prasadmenon2@gmail.com

 

 

 

 

 



Learning

 3 Replies

Anish Thakur 7018812737 (advocate)     16 September 2012

respected querist ,

consent of all the co shareres is necessary for the sale of the property beside this you have to go through some legal minor process, contact M/S Sutapa Saha on 9820658491for detailed help.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     16 September 2012

Power of Attorney draft as under attached a file.


Attached File : 709047515 power of attorney.docx downloaded: 155 times

S Jadhav 98336 98330 (Jadhav & Associates)     17 September 2012

Dear KPM,

Since there is no dispute in your case, it is a straightforward matter. You may find a ready buyer for your apartment who is willing to pay you the price as required by you and the other heirs. Once you agree upon the price and terms of payment, go ahead and close the deal.

The buyer may ask you to provide him appropriate documentation as required by his lawyer which you can provide as per drafts submitted by him. You may appoint your own lawyer but is not required since you are a seller and receive money. The repsonsibility of ensuring that the paperwork is complete is that of the buyer. However, to caution you, there are some buyers whose intention is not to buy but to pay some amount of money to lock the property and then the owners cannot complete the sale. There are other types of people who may create issues and hence we suggest to sellers also to employ experts/lawyers but here also you should be careful as they are also people. 

If you find a genuine buyer who wishes to use the apartment for legitimate purposes, there should be no problem.

Also, you can obtain the "specific" PoA from the other heirs who are not available here and register the PoAs and use them to complete the sale. Please ensure that it is a specific PoA given to you to complete the sale and not a general PoA which may be liable for stamping as sale to yourself.

S Jadhav


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