Home | Legal Advice | Property Law | Can I take power of attorney from my son to sell my land

Can I take power of attorney from my son to sell my land

We had  purchased a plot at Bhiwadi (Rajasthan) in the joint name of my wife and son. As some disputes  have developed between us we want to purchase the share of my son. In that case is it possible to ask him to give us power of attorney to sell the property by paying him money for his  share or if it is not possible what are other legal  options with least expenditure.

Question from: Rajasthan

There may be two conditions about the purchase of this property. First, that it is your self acquired property and second that your son has contributed in purchase of property out of his own income. In the latter condition your son is a co-owner of this property. 

When it is your self acquired property

If you have purchased this property out of your income then you are the absolute owner of this property. When your son had no source of income at the time of purchasing this property then he cannot claim his ownership. A person can purchase property in the name of his family members and it is a legal act. 

The nature of self acquired property does not change merely on the joint name of the purchasers in a sale deed. If you have purchased this property however, it is registered in the name of your son, your son cannot claim it as his self acquired property. If your son had no separate funds or that the property was not purchased with money belonging to him, in both conditions the presumption is clear and decisive that it is  your self acquired property. 

In the present case both the Courts below have found that there was no evidence that Rup Charan had any separate funds or that the properties in dispute were purchased with money belonging to him. In the absence of such evidence the presumption is clear and decisive that they were acquired by the father in the name of the son, and that they were not the self-acquired properties of Rup Charan.

Parbati Dasi vs Raja Baikuntha Nath De

In this scenario you should file a declaratory suit under section 34 of the Specific Relief Act and get a declaration decree from the court that it is your self acquired property. After getting the decree in your favour you can sell to any person without permission of your son. 

When your son has contributed in purchase of property 

In This situation you can either file a partition suit or get a power of attorney from your son. If there are disputes between you and your son then the chances are very bleak that he will execute a power of attorney. So you should file a partition suit and get division of this property.

Lawyer’s advice

Tenant has not been paying rent – Eviction of tenant

My tenant has not been paying rent since November 2019. I am a 68 year old person from Visakhapatnam. I gave my shop on rent to a person for tailoring. He paid the rent for the last time in Aug 2019 through phonepe. From Nov 2019 he stopped paying current bills also....

Tenant owns a house in the same city: Eviction of tenant

Question: Our father had purchased three houses together in a colony, more than 50 years ago. Two on the ground floor, in which we were already living there on rent. And One house is on top of these two houses. A tenant family was on rent, the time we purchased it....

Builder is missing how to file a complaint against him?

Question: The Builder is not present at his place of residence therefore the summon has not been served upon him. How to file a complaint against a builder who is missing from his address? A complaint petition was lodged to RERA, ASSAM against Promoter vide Case...

Limitation period for cancellation of probate

Question: I want to file a case for the cancellation of probate. The district court has granted the letter of administration in the course of probate proceedings. The executor of the will did not make me a party in the probate proceeding. Therefore, I could not have...

Kanoonirai established in 2014. It provides a facility to consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54