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Sushil Ahuja (GM)     19 April 2012

Registration charges for transfer within family

I have plot of land in Ghaziabad, NCR Delhi.  This was originally purchased by my mother in 1995 from the original allotee (of GDA) on power of Attorney in my mother's name, and subsequently in view of  her poor health, she wanted to register the same in my or my wife's name, but as at the time we did not have the requsite amount required for registration,  she gave  power of  atorney of the plot to my wife in 2002 (which was only notarised), before her death. Afterwards in year 2005, my wife (based on her Power of attorney) got it registered  in my name by paying the requisite registration amount.  After that I have not yet applied in GDA for mutation of the plot in my name.

My mother also wrote a will, indicating that she wants to pass on the said plot to me and my wife. I have 2 other brothers, but there is no dispute with them over this plot, as I had paid up to my brothers for their share, before my mother gave power of attorney to my wife.

Currently, when I was trying to sell the plot, the buyer did not purchase the plot, saying that the power of atorney done by my mother in my wife's name is not a valid document, so the chain is not conmplete.

Pl advise, is the documentation complete and in case it is not, then how is this to be corrected.

Regards

Sushil (Mobile 9967651542)



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 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     19 April 2012

The GPA that your mother executed in your wife's favour lapsed on her death - hence any transaction done by your wife on the basis of that GPA won't stand. However you have no reason to fret - you can always rely on the will to get a probate and then apply for mutation in your name.

Feel free to talk~


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