Property sold by POA but POA holder dies can that property be Willed
27-Feb-2023 (In Property Law)
Original allottee A(a Hindu)) of a Group Housing Society flat (not yet freehold) in Delhi sold his flat to a person B. Power of Attorney being in name of B. Person B died. The Will A left , is name of a person C(a Christian), not blood related to him. Now can the property be transferred in name of C?
c has to get the will probated and seek declaration in his/her name.. thereafter it will be transferred in the name of C
however, in the present case, as the property was sold by way of POA, ultimate conclusion shall be figured out after perusal of the contents of such POA. the possession of the property shall also be determining factor.
1. Whether some other documents also executed by person A, such as Agreement to Sell, Receipt, Possession Letter, Affidavit, Will etc.? If so, give particulars.
2. Whether any document executed by person A in favour of B states payment of money/consideration?
3. Who has the possession of the flat in question?
A legal transfer of an immoveable property can be made by a registered instrument, such as Sale Deed. So, a Power of Attorney cannot be termed as a legal transfer. But, interpretation of sections 23 & 25 of the Indian Contract Act, 1872 speaks about such agreements coupled with consideration.
Hence, correct legal advice can be given only if all the relevant documents are seen.
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