Legal Question in Real Estate Law in India

My in-laws have a property in Mumbai;which they want to sell; as the property is on my father in law's name; can my mother in law sell the property if she can have power of attorney; please explain what kind of power of attorney will help in this case ( any specific laws to be added in)

the reason to ask so is; that father in law's mental condition is not good ,so avoid any misuse of his power by his brothers; which they are trying to do (as they live in joint family but in two different portions in a house with property divided on their names individually) can we mention his mental state and go for full power of attorney to my mother in law.

kindly explain the procedure or guide us accordingly what to do?

thanks

P.S


Asked on 1/30/11, 8:39 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

when you say mental state what exactly do you mean? if a person is not in his full senses, or does not have a stable mind, then he cannot even delegate power of attorney to any one including his wife. In such case, the need is for appointment of guardian which court only may appoint after being satisfied with the condition of state of mind certified by the doctor. However, under normal circumstances, any one may write a power of attorney giving power to sell the property for which one need not add any specific law or such but add all the powers in general

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Answered on 1/30/11, 10:07 am


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