POA Registration Requirement | Vkeel - Free Legal Advice

***y

Mumbai

My sister has a flat in her name which was transferred to her from my mother's name by the landlord during redevelopment. (Mother, father had passed away then) I have an irrevocable registered POA as she is mentally ill, which is managing her bank accounts, also for the sale of a flat in her name, etc. I want to sell the flat on her behalf. I would like to give a share to my brother from this sale. He resides outside the country and his wife can collect his share from sale proceeds. Does his wife need to provide a registered POA for transacting on his behalf or will a non-registered POA work. If a registered POA is required, under what rule/section is this mentioned. Also, will my brother be able to contest me in court if I allocate a higher share to my sister who is mentally ill.

Expert's Answers(5)

xxxxx cxxxxx
Bengaluru, Karnataka

184 Client Ratings

Dear Sir, It is absolute property of your sister who is mentally ill as such your brother cannot make any issue if less share is given to him. However take registered POA from your brother in favour of his wife before giving her the share. Please mark “LIKE” if satisfied by my answer.

September 28, 2020
Advocate J L Naagar
Jalandhar, Punjab

169 Client Ratings

You can't act on behalf of a mentally ill person unless you are appointed as Court Guardian to act and undertake any act on behalf of her. File a case in the Court and get yourself appointed a Local guardian for doing a particular act and then get the property sold protecting the legal right of a mentally ill person. Any act done or undertaken is illegal. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.

September 28, 2020
Advocate Abhimanyu Gurawalia
Patli Hajipur, Haryana

60 Client Ratings

the property is in the name of your sister now it depends on her whether she wants to give someone any share or not

September 28, 2020
Advocate Suneel Moudgil
Panipat, Haryana

40 Client Ratings

1. since the flat is registered in the name of your sister, and, you are a registered POA to sale the house but you are bound to pay the amount to your sister only, 2. you can not distribute the amount of sale proceeds as per your wish, 3. you may indulge in criminal litigation, (misappropriation of funds) 4. a bare look on the POA is required for proper legal opinion,

September 28, 2020
Advocate Satej C More
Mumbai, Maharashtra

17 Client Ratings

As the property is originally registered in your sister name she is the sole owner of the property. As the POA is given on your name you can sale the property. As per the fact your brother is not entitled for any share in the property. In case of any further consultancy please provide the complete details.

September 27, 2020