power of attorney
This query is : Resolved
24 April 2008
sir,
a peron,owner of the land has given PoA to his wife for setteling any matter regarding their land at native place which is differrent from the place of their current residence.unfortunately the person is no more now.does the spouse is eligible to sell the land.
please help me out to find the solution.
a peron,owner of the land has given PoA to his wife for setteling any matter regarding their land at native place which is differrent from the place of their current residence.unfortunately the person is no more now.does the spouse is eligible to sell the land.
please help me out to find the solution.
25 April 2008
THE POWER OF ATTORNY EVEN IF CONTAINS A POWER TO SELL THE LAND(USUALLY NO SUCH POWER IS GIVEN IN POA),THE POA HOLDER CANNOT SELL THE LAND.
THE PROPERTY NOW GOES AND BELONGS TO THE NATURAL HEIRS .
IF THERE ARE TWO OWNERS AND ONE OF THEM DIED UNFORTUNATELY,THE SURVIVING OWNER NO DOUBT BECOMES OWNER THE PROPERTY.
BUT THE PROPERTY LEGALLY HAS TO BE MUTATED OR TRANSFERRED IN THE NAME OF OTHER OWNER IN THE MUNCIPAL/VILLAGE RECORDS, BY PRODUCING THE DEATH CERTIFICATE AND ORIGINAL SALE DEED AND AN APPLICATION FOR CHANGING/DELETING THE NAME OF THE DECEASED .
YOU CANNOT SELL THE PROPERTY WITHOUT DELETING NAME OF THE OTHER OWNER WHO DIED,AS NO SALE/TRANSFER CAN TAKE PLACE WITHOUT SIGNATURES/THUMB IMPRESSIONS/PHOTOS OF ALL SELLERS AS PER REQUIREMENTS OF SUB-REGISTRAR'S OFFICE WHO TRANSFER PROPERTIES.
IF THERE IS ONLY ONE OWNER TO PROPERTY AND HE/SHE DIED FOLLOWING IS THE PROCEDURE AS PER TRANSFER OF PROPERTY ACT.
all the legal heirs of the deceased become the beneficiaries of the left over assets and properties in equal shares and the application for transfer from all the legal heirs along with an indemnity bond, liability affidavit from the beneficiaries and their photographs shall be submitted to the revenue authorities for effecting the transfer. In this case issuance of a public notice inviting objections, if any, to the transfer of the assets in favour of the transferees in the two local dailies, one in English and other in regional language, becomes imminent. After the expiry of notice period of 40 days from the date of its publication, the applicant again applies to the revenue authorities along with the proof of the publication for the transfer of the property. The concerned department issues a final letter of transfer in favour of the beneficiaries, in case no objection is filed by any claimant.
https://www.tribuneindia.com/2002/20021111/biz.htm
R.V.RAO
THE PROPERTY NOW GOES AND BELONGS TO THE NATURAL HEIRS .
IF THERE ARE TWO OWNERS AND ONE OF THEM DIED UNFORTUNATELY,THE SURVIVING OWNER NO DOUBT BECOMES OWNER THE PROPERTY.
BUT THE PROPERTY LEGALLY HAS TO BE MUTATED OR TRANSFERRED IN THE NAME OF OTHER OWNER IN THE MUNCIPAL/VILLAGE RECORDS, BY PRODUCING THE DEATH CERTIFICATE AND ORIGINAL SALE DEED AND AN APPLICATION FOR CHANGING/DELETING THE NAME OF THE DECEASED .
YOU CANNOT SELL THE PROPERTY WITHOUT DELETING NAME OF THE OTHER OWNER WHO DIED,AS NO SALE/TRANSFER CAN TAKE PLACE WITHOUT SIGNATURES/THUMB IMPRESSIONS/PHOTOS OF ALL SELLERS AS PER REQUIREMENTS OF SUB-REGISTRAR'S OFFICE WHO TRANSFER PROPERTIES.
IF THERE IS ONLY ONE OWNER TO PROPERTY AND HE/SHE DIED FOLLOWING IS THE PROCEDURE AS PER TRANSFER OF PROPERTY ACT.
all the legal heirs of the deceased become the beneficiaries of the left over assets and properties in equal shares and the application for transfer from all the legal heirs along with an indemnity bond, liability affidavit from the beneficiaries and their photographs shall be submitted to the revenue authorities for effecting the transfer. In this case issuance of a public notice inviting objections, if any, to the transfer of the assets in favour of the transferees in the two local dailies, one in English and other in regional language, becomes imminent. After the expiry of notice period of 40 days from the date of its publication, the applicant again applies to the revenue authorities along with the proof of the publication for the transfer of the property. The concerned department issues a final letter of transfer in favour of the beneficiaries, in case no objection is filed by any claimant.
https://www.tribuneindia.com/2002/20021111/biz.htm
R.V.RAO
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Itr 1 processing
- Off Market debit and credit transaction
- ITR 2 Short Term gain & Long term gain
- Reporting Income under Section 44ADA
- Showing Gift from relative in ITR for this year
- ITR 1: Details for showing Exempt Income
- Form 10E u/s 89(1). Need clarification because experts opinions differ !!!!
- ITR returnFY25-26
- Short Term Capital gain on shares bought and sold after 2018 onwards
- INCOME TAX ON REDEVELOPEMENT OF FLAT
- ITR validation error - Balance sheet is not filled
- Gst invoice numbering and delivery challan numbering
- Sales amount in Gstr1
- E Commerce GSTR1 & 3B how to file
- GST Cancellation without jurisdiction
- Legal Opinion on Registrar's Refusal to Investigate a Society for Non-Renewal and Non-Compliance
- GST Refund_RFD-01
- Form10BD was uploaded successfully without any Error but after 24 hours, Form10BE are not available
- Annexure B utility for GST Refund
- Tax amount diff in Gstr1 and 3B in tax compare reports
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
