Can you sell a property on behalf of someone else?

Asked by: Bobbie Hartmann  |  Last update: February 19, 2022
Score: 4.7/5 (61 votes)

A power of attorney, or POA, is a legal document which can give the attorney-in-fact or agent broad authority to handle decisions for someone else, including selling real estate. The person granting this authority is called a principal, and it is their decision as to how much and what authority to give the agent.

Can someone sell my house on my behalf?

In order to sell your loved one's property on their behalf, the following must be true: You have been appointed as an attorney under the LPA and its terms allow you to deal with the property and financial affairs of your loved one.

Can a person sell a property which is not owned by him?

In your situation, legally, King alienated only his proportionate share of the land based on succession, not the entire property, as he does not own the whole property. No one can sell what he does not own.

Can I sell property not in my name?

The short answer is yes. Anyone can sell your property without your consent.

Can you sell a house that you don't own?

Here's what you need to know, legally, about selling a home if you still owe money on your mortgage. The only thing stopping you from selling your home before you've paid off your mortgage is your lender, because, technically speaking, you don't own the home outright yet.

How To Convince a Private Seller To Sell You Their Home Under Market Value

32 related questions found

Can someone sell my house without my permission?

Introduction. The basic rule of law is that you cannot sell what you do not own. ... There is always a loser when goods are sold by a person who does not have the authority to sell. It is either the original owner, who loses his property, or, more often, the good faith buyer, who loses his money when the items are returned ...

What is an illegal transfer of property?

Transfer will be considered as illegal if it is done on the following basis: Forging the documents — Forging the documents implies preparing the false documents like a Will, gift deed, sale deed etc. or forging the signatures on the documents, vide which the transfer has been effected.

How do you sell a house if one partner refuses?

If the co-owner is not willing to sell their share, they may be agreeable to buy your share. In either case, once the share is transferred the legal owner(s)has control of the property. Sell your share to another buyer. Legal ownership provides the right to sell the portion of the property specified.

Can you sell a house if you are on the deed but not the mortgage?

Selling or transferring ownership of your property may remove you from the deed, but it won't impact the mortgage in any way. If you force a sale, the proceeds will pay off your mortgage and you can walk away.

Can husband claim ownership of property bought in wife's name?

Justice Valmiki J Mehta made the observation while setting aside a trial court order, which ruled that the man cannot claim ownership of a property purchased in his wife's name, as it is barred under the Benami Transactions (Prohibition) Act.

Do all heirs have to agree to sell property?

If there is more than one executor, all executors must sign the sale agreement,” says Van Blerck. ... The sale agreement must also be subject to the prior written permission of the heirs in the estate. This is a legal requirement and is lodged simultaneously with the application to obtain the approval of the Master.

Can you force someone to sell a house?

Conclusion. A homeowner can force a sale that is co-owned, either by negotiating a buyout, selling your share to a new owner, or getting a court-forced to sale. A mortgage is an additional legal issue that needs to be addressed in a forced home sale.

Can a joint property be sold off without taking the consent of another owner?

If the property is jointly owned by any person then consent of both the person is needed, no person can sale the flat without the consent of the other owner.

How do you sell a house to a family member privately?

How To Sell Your House To A Family Member
  1. Establish The Home-Selling Process. Make sure you and your family agree to the logistics of the sale and how you'll execute official decisions. ...
  2. Hire Professional Help. ...
  3. Determine The Home's Value. ...
  4. Set A Price. ...
  5. Close On The House.

Can I sell my dad's house with power of attorney?

Answer: Those appointed under a Lasting Power of Attorney (LPA) can sell property on behalf the person who appointed them, provided there are no restrictions set out in the LPA. You can sell your mother's house as you and your sister were both appointed to act jointly and severally.

Can I sell property with power of attorney?

Is property sale through power of attorney legal? In 2011, the Supreme Court ruled that property sale through power of attorney (PoA) is illegal and only registered sale deeds provide any legal holding to property transactions.

Can I force the sale of a jointly owned property?

If you are living in the jointly owned family home, unless you agree to voluntarily sell the home your spouse or partner can apply to the Court for an order for sale of the property. The Court will normally only make an Order for sale at a final hearing.

Can my girlfriend be on the deed and not the mortgage?

It's perfectly legal to co-own a house with someone to whom you're not married. You can put your name on the deed even if you don't sign the mortgage, provided the lender agrees. Taking title as unmarried partners or friends, however, is often more complicated than when a married couple buys a house.

Can my name be on the mortgage but not the deed?

If your name is on the mortgage, but not the deed, this means that you are not an owner of the home. Rather, you are simply a co-signer on the mortgage. Because your name is on the mortgage, you are obligated to pay the payments on the loan just as the individual who owns the home.

Can I take over a mortgage from my ex?

You and your ex–partner might agree on who will keep the house and take over mortgage payments. ... The only legal way to take over a joint mortgage is to get your ex's name off the home loan. The same goes for a co–borrower who no longer wants to be on the line for a mortgage they co–signed.

What can I do if my husband refuses to sell my house?

If your partner refuses to sell the house and refuses or is unable to buy you out, you can force a sale. ... You must be tenants in common to force a sale. If you are joint tenants you'll need to sever your joint tenancy first and register as tenants in common.

Can my husband make me sell the house?

If both your name and your spouse's name are on the homeownership papers, your partner does not have any legal right to force you to sell the family house. However, if your spouse can prove that their money is tied up in property and they need to sell it to open a flow of cash to live, this could change.

How do I stop someone from selling my land?

as per your description, the property is ancestral, as a grandson you have equal rights in the said property, if your father is what he is as described by you, then file an injunction suit against the proposed sale while seeking partition of the joint family properties, this way you can prevent him from selling off the ...

Who can transfer immovable property?

Transferability of Immovable property
  • By Anonymous. ...
  • Transfer of property has been defined under Section 5 of the Transfer of Property Act. ...
  • The transfer must be by a living or juristic person. ...
  • The transfer must be through a conveyance. ...
  • Fourthly, it must be made to a living or a juristic person.

What are illegal assets?

Illegal assets means assets related to serious crimes including specific crimes and drug related crimes (criminal proceeds, property derived from criminal proceeds and any other property in which either one of the above properties is indistinguishably mixed with other kinds of property).