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desertedhusband (na)     02 September 2012

Please advise

Hi Experts,

I live abroad and had purchased a property in India through power of attorney in my mother's name. My mother passed-away some months back. Please advice on the status of the power of attorney now. 

Also, can such a power of attorney be misused by anybody? specially by the original owner of the property?

How can the papers be transferred to my name now? What steps will I need to take to sell this property?

Regards,

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 4 Replies

Anish Thakur 7018812737 (advocate)     03 September 2012

respected querist,

the query is not clear,you are saying you had made a POA and purchased the land in your mothers name ,what was the need of your POA to buy a property in your mothers name? if you had made POA in your mothers name ,it goes automatically dismissed as soon your mothers had left for heaven.you have to deposite the legal succesion certificate in the concerned authorities to make tranfer th eproperty of your mothers to your name ,once you had transfer your property to your name you can sale it easily.

desertedhusband (na)     03 September 2012

Dear Mr. Anish,

Thank you for your reply. I had purchased a builder apartment for my mother but since sale dead was not possible in that area, POA was made in my mother's name.

Now, after my mother's demise, I am in delimna that whas is the staus of ownership of that apartmnent and can builder or anyone else make a claim on it? I live abroad, can I get papers transferred into my name from here? Or can I ask the builder to make a fresh POA in my name now?

 

BR

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H.M.Patnaik (Proprietor)     04 September 2012

Dear Querist,

From the limited info . given, it is understood that the title of the apartment is yet to be transferred in your mother's name and in the meanwhile she has expired. It is also construed that you have executed a POA in favour your mother for registering the saledeed in your name.

If that be the case , upon the event of sad demise of the said attorney holder, the POA has turned infructuous and you have to immediately  intimate the fact to the transferor of the house property i.e. the Builder to avoid  any misuse.

On the other hand , if the Builder has executed a POA in favour your mother at your request, then also you have to arrange to obtain a fresh POA/ get the Saledeed registered in your favour.

desertedhusband (na)     04 September 2012

Dear Mr. Patnaik, 

Thank you for you kind reply. 

When I had purchased this property, myself and my mother were here abroad. I had sent two photographs of my mother to the builder who made POA in name of my mother. Builder was the seller and I was the buyer. but I wanted to buy it in my mother's name.

Since, the property is located in an unauthorized area of delhi, the saledeed/registeration was not possible. All the properties in that area are sold like this only. 

When you say I should get a fresh POA made by the builder. Do I need to send my photos only or should the current POA which is in my mother name be cancelled first. 

BR

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