Legal Question in Real Estate Law in India

Dear Experts,

There is one property (house) in the name of Sister & brother (1st holder is Sister), now she is married and brother want to sale the property. Out of these money brother want to purchase other property on his own name.

As per above expl. have some que. as below :

1) Can brother take POA from Sister to Sale the property?

2) Can brother purchase other property out of these money on his own name?

3) Do brother required to execute any agreement from sister for relief of her share/ interest/ waiver of share in the property. (if so, format/ draft pls)

Your reply will be solicited...!!

Thanks in adv.


Asked on 2/08/13, 12:13 am

6 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

The answers to your queries are here in below:-

1) Yes to her share in the property..

2) Yes.

3) The sister can relinquish her share in favour of her brother but it should be registered to get a legal sanctity to the document....

Please check Sanjay Kalra and Associates on the internet to know more about your query and the legal services we are rendering for our clients from all over the World.

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Answered on 2/08/13, 12:20 am

dear client...

Yes brother can take POA from sister....

As per the clause in the POA he can use the money or render her back....

for draft you can contact me at [email protected]

with regards

uttam

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Answered on 2/09/13, 12:12 am
Jayesh Desai Jayesh Desai

1) Can brother take POA from Sister to Sale the property?

Yes.

2) Can brother purchase other property out of these money on his own name?

From his share; balance which belongs to sister - either sister has to gift the same to him or she has to relinquish her right.

3) Do brother required to execute any agreement from sister for relief of her share/ interest/ waiver of share in the property. (if so, format/ draft pls)

Yes.

You may please contact a lawyer for drafting the same.

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Answered on 2/10/13, 10:02 am
Shrichand Nahar S.V.Nahar, Advocate

1. Yes, provided it is acceptable to purchaser

2. May be

3. May be

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Answered on 10/02/13, 2:35 am


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