To: All Experts in Property Dealings:
Sir / Madam,
My question regarding a Property in KOLKATA. Can a property in Kolkata be Sold, Gifted & Transfered with a General Power of Attorney by any means without any problems of any kind even in future? I have consulted 3 Lawyers in Kolkata. Two denied RPOA for the same and asked only for a Registered Power of Attorney. One among them said with great confidense that it is possible vide a SC Decision on 29/11/1978 (Syed Abdul Khader V/S Rami Reddy and Ors.). The Supreme Court's Case is not clear with the document received but probably : Equivalent Cita 4IP1979SC553, (1979)2SCC601, [1979]2SCR424 from the Manupatra Website (Manupatra ref is not clear and complete but the web link is"https://www.manupatra.com/nxt/gateway.dll/sc/1950-1979sc/sc1978/s780329.htm". Even in some Websites I find favour for RPOA only {viz "https://www.vakilno1.com/legalviews/is-sale-of-immovable-property-through-general-power-of-attorney-gpa-safe.html"}. So I request true comments on the matter.
For further information the Original Owner of the House is currently residing in Bangalore with his son and is Bed ridden. He is facing serious problem in getting the Power of Attorney Registered as no registers are available to come down to his residense for the registration. So the Owner wishes that his son gift a portion of the House to his married Daughter staying in Kolkata and sell & transfer a portion to another portion against money.
I hope to get the genuine information on the above issue, suggesting the actual way to pursue the matter successfully.
Best Regards,
Bhaskar Chatterjee
