Do I need to cancel the power of attorney before selling my father’s flat?

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Q.A power of attorney was issued in my dad’s name for a flat I bought in 2009. All documents bear his signature with my name. Being an NRI, the PoA was issued only for this purpose. Do I need to cancel the PoA before selling the flat? Will his signature be required during the sale? — Chandrashekar K.

Firstly, you need to go through the PoA given to your father thoroughly to know the rights given to him by you for the purchase of the said flat. If it has only the specific purpose of purchase, then its purpose has been served. However, if there is any other additional right given to him regarding the future sale or any other process, then you need to revoke it for removing any chance of discrepancy in the future.

Q.I am a working mother of two children, 27 and 18 years old. I have three older brothers and one younger brother. All the brothers, except the younger one, are in India. My father has a self-acquired property. I have been requesting my brothers for the past four years for my share in the property, but it has been of no use. How can I acquire my share legally? What are the legal points that I should be aware of before doing so? Also, how much will it cost to file a suit, if it is required? — H.G.

Assuming that your father is a Hindu male, getting your share in his self-acquired property depends on whether he had a will or died intestate, that is, without any will. If there is a will through which your father has bequeathed his property to your brothers, then you have no right to it, but can challenge the will. If, on the other hand, your father died without writing a will, then being a class 1 legal heir, you have an equal right in the property, along with all your brothers. You can claim your share in the property, but before that you should check whether your father gifted the property to your brothers prior to his demise. If yes, then you have no right to it. The cost of the suit will vary from lawyer to lawyer.

Q.We have an ancestral property, which is in the name of six persons. When we sell the property, does the seller need to transfer the amount to six different accounts? If not, how would the single person, who receives the amount in his account, show it for tax purposes and how will he distribute the same to others? Kindly advise on the tax implications in both the scenarios. — Chandra

It is advisable for the amount to be transferred to each of the co-owners in accordance with the share that they hold in the said property. This will minimise the probability of confl ict among them. Depending on the share that each person gets, each one will have to pay capital gains tax on the sale proceeds after considering deduction of the cost of property, including any accretion and index benefit.

Disclaimer: The responses are based on limited facts provided by the queries. It is advisable to consult a legal practitioner after presenting full facts and documents. Responses should not be considered as legal advice in any manner whatsoever.

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