My Father in law intends to sell his inherited property in Mumbai. He is currently in Bangalore with us (his daughter) due to poor health. One of the prospective buyers suddenly showed interest in the property and paid the majority of the amount to my Father in law. The buyer now has arranged all the paper work at Mumbai through the society where the property is located and is asking my FIL to come down and sign. As mentioned earlier, My FIL does not want to travel due to health conditions , but instead would want my wife (his daughter) to go ahead and complete the formalities. We want to know, that would a GPA in my wifes name would help and complete the formalities. If yes, what is the procedure? My FIL siblings are willing to sign on all the documentation. Look forward to the advice. Srinidhi
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1) father can execute specif power of attorney in favour of his daughter to sell the property
2) POA should be duly stamped and registered
3) since FIL is residing in Bangalore POA can be registered in Bangalore
4) siblings consent not required for sale of self acquired property of FIL
1. Your FIL can execute a GPA in favour of your wife or anybody he feels like bt the said GPA shall have to be registered before the Registrar having jurisdiction on the location where the instant property is located.
2. So, even for registering the GPA, your FIL shall have to travel to Mumbai once and after that your wife can represent him in all matter connecting to registration of the said property at Mumbai.
3. Get a Stamp Paper from Mumbai and get the GPA printed on it and get the said GPA executed by your FIL registered before the Registrar of Mumbai.
4. Your wife, thereafter, can do all his balance works in connection with registration of sale deed for the said property.
Yes, if he wish he can give a registered GPA in favour of your wife on which basis she can represent her father and complete the sale of the proeprty.
Other siblings can put their signatures either as confirming party or as witness.
Meet a local lawyer to draft and register the GPA.
Thank you all for the clarification. Should the GPA be registered in Mumbai / Bangalore? I see that one answer is clear , the other 2 are not. My FIL has a son also, should his name also be mentioned in the GPA or can we keep him out of this? The Son is currently in Australia
The owner can give POA in favour of anyone he chooses to sell his proeprty provided he is its absolute owner.
If he has address in Bangalore he can give POA registered therein only.
1) GPA can be registered in Bangalore or mumbai
2) I suggested Bangalore as FIL is residing in Bangalore
3) not necessary to mention son name in GPA
1. If it is not a self acquired property of your FIL but an inherited property, then his children also have to sign the Sale Deed.
2. In that case your FIL and his Son can give POA separately in your wife's name.
1. GPA should be executed and registered at Mumbai.
2. GPA is to be executed by your FIL in favour of your wife or anybody authorising her to conduct a job.
3. GPA is not a will or a Deed for which his son need not be dragged in to the picture at all.
We want to know, that would a GPA in my wifes name would help and complete the formalities. If yes, what is the procedure?
My FIL siblings are willing to sign on all the documentation.
Your father in law can execute a GPA or special power of attorney to your wife for this purpose alone and he deed be registered at Bangalore itself.
Your wife can sell the property by executing a registered sale deed in favor of the buyer by visiting the registrar's office in the jurisdictional limit where the property situate.
Should the GPA be registered in Mumbai / Bangalore? I see that one answer is clear , the other 2 are not. My FIL has a son also, should his name also be mentioned in the GPA or can we keep him out of this? The Son is currently in Australia
The GPA deed can be registered in Bangalore also.
Since this property belongs to your father in law, you need not have to mention the son's name in the GPA.
He can be kept away from this affair.