Apni Law Staff asked 12 months ago
A buyer has paid the full amount to a seller for a property jointly owned by the seller and his wife. The seller has a wife and a minor son. His wife is currently hospitalized for the past three months due to a serious illness. Doctors have indicated that she is unlikely to recover and is unable to walk.
1. Can the wife grant a Power of Attorney (POA) to her husband, enabling him to register the property in the buyer’s name?
2. If the wife passes away, can the property be registered in the buyer’s name with only the seller’s signature, considering his son is a minor?
Best Answer
Apni Law Staff answered 12 months ago
1. Under Indian law, a Power of Attorney can be granted by a person who is of sound mind and capable of understanding the implications of the document. Given the wife’s medical condition, it is highly unlikely that she would be deemed mentally competent to grant a POA.
2. Upon the wife’s demise, the property would be inherited by the seller and his minor son. The seller cannot unilaterally transfer the property without the minor son’s legal guardian’s consent, which could be the seller himself or a court-appointed guardian.
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