power of attorney

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ca_nimisha (Querist)
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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.

R.V.RAO

R.V.RAO (Expert)
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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.

http://www.tribuneindia.com/2002/20021111/biz.htm
R.V.RAO