This form is a Quitclaim Deed where the Grantors are two Individuals or a Husband and Wife, one Grantor acting through an attorney in fact authorized by a recorded power of attorney, and the Grantee is an individual. Grantors conveys and quitclaims the described property to Grantee. This deed complies with all state statutory laws.
Indiana Quitclaim Deed - Two Individuals or Husband and Wife, one acting through attorney in fact, to an Individual.
State:
Indiana
Control #:
IN-04-80
Format:
Word;
Rich Text
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FAQ
It's usually a very straightforward transaction, but it's possible for a quitclaim deed to be challenged. If a quitclaim deed is challenged in court, the issue becomes whether the property was legally transferred and if the grantor had the legal right to transfer the property.
Quitclaim deeds can't be reversed, but a new quitclaim deed can be issued to transfer the rights back.
Once the transfer is complete, there is no way to nullify or undo a quitclaim deed unless both parties consent to the arrangement. If the original grantor does agree to take back the property, you must draft and file a new quitclaim deed to void the original.
The drawback, quite simply, is that quitclaim deeds offer the grantee/recipient no protection or guarantees whatsoever about the property or their ownership of it. Maybe the grantor did not own the property at all, or maybe they only had partial ownership.
Contesting A Quitclaim Deed Contesting the validity of a quitclaim deed must prove that one of the stipulations described above is invalid, that the deed was filed under false pretenses (e.g., the grantor's signature was forged) or that the grantor signed the deed under duress.
A power of attorney enables an agent (also called the attorney-in-fact) to conduct transactions on another person's behalf.If so, a spouse, relative or friend with POA can sign a deed or other real estate documents.
A PoA is not an instrument of transfer in regard to any right, title or interest in an immovable property, a three-judge bench, headed by justice RV Raveendran, said, adding that property can legally be transferred only through a registered sale deed.
An agent cannot:Make decisions on behalf of the principal after their death.However, unless the principal named a co-agent or alternate agent in the same POA document or is still competent to appoint someone else to act on their behalf, an agent cannot choose who takes over their duties.