Legal Question in Real Estate Law in India
i have a land in which my brother has a share. I have taken a general power of attorney from him and also registered the same in 2003. Now i am thinking of selling my house, is this GPOA enough for me to go through with the deal?
is a survey number of the land required to be there on the GPOA ???
5 Answers from Attorneys
27.01.2013
Dear Sir,
If the General Power of Attorney (GPOA) specifically does not include the right to sell, there is nothing you can do to sell the land and the house built thereon without the implicit consent of your brother. Please carefully read the terms and conditions therein.
It is possible that the survey number of the land may not have been ascertained at the time of the execution of the GPOA, and hence not mentioned therein. If mentioned therein, it becomes a specific Power of Attorney, which please note.
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any further on-line advice at [email protected])
Check the powers and authorities contained in GPOA and act accordingly.
You must take SPA to sell the house.......Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.
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