need advice on selling of my house fr which mother has power of attrny
30-Mar-2025 (In Family Law)
I purchased a house in 2012. i was living outside chennai and gave power of attorney for signature during registration to mother. The house final price was 40L. 17L paid by parents and rest taken loan by me. me paying off EMI and now 9L left to pay. Due to family dispute, i wish to sell off the property. now. need advice whether while selling power of attorney of mother can cause objection and do i have to pay the 17L to them?
S.Gunasekar Advocate Answer.
Since you purchased the house in 2012 and authorized your mother via a Power of Attorney (PoA) only for signing the registration, the ownership should be in your name unless the PoA had clauses giving her ownership rights or decision-making authority over the property. Here’s what you need to consider:
1. Power of Attorney Concerns
If the PoA was only for registration purposes and not a general or irrevocable PoA with selling rights, it should not cause objections.
Check if the PoA was revoked after registration; if not, you may want to formally revoke it to prevent future issues.
2. Ownership & Selling Rights
If the property is registered in your name and there are no other legal agreements stating otherwise, you have full rights to sell it without your mother’s consent.
However, if your mother’s PoA included broader powers, she might challenge your right to sell.
3. Repaying 17L to Parents
Legally, unless you have a written agreement stating that you must return the 17L, you are not obligated to do so.
Morally or as part of a family settlement, if you wish to compensate them, it depends on your decision.
If they claim a stake in the property, they may take legal action, but a lack of documented proof of ownership contribution would weaken their claim.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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