Sam-AdviseSeeker (-) 23 July 2020

Buying property from maternal uncle

Dear Sir/Madam,

I live in abroad and planning to buy a propery in India from my maternal uncle using my power of attorney provided to my father.

Property history : The property was in my grandmother's name. She bought the propery from her own earnings. My grandmother have 3 kids (My mom and 2 Uncles). After my grandmother and grandfather died they shared the property(land) equally and registered in their names. Now, one of my uncle wants to sell his shared propery and I am planning to buy it.

Problem : My uncles has 2 wives. Currently living with the 2nd one. 1st wife has 4 kids (3 boys and 1 girl (adopted). All are major) and the 2nd one has only one 10 yr old kid, he is minor. 1st wife is not legally divorced and 2nd one is not legally married.

Questions : During propery registration to my name, who all need to sign the documents ?. Also, please provide your valueable advise on things to take care.

Thank you in advance !

Any thoughts, views and advise are greatly appreciated.

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4 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 23 July 2020

As the property of your grandmother was divided by the three (3) heirs, you can buy that property as the share of your uncles is to be treated as self-acquired property You can give a POA to your father. You shall execute the Power of Attorney before the Indian Counsel or Vice Counsel, or Representative of Central Government. or a Notary Public. And after receipt of POA from you in India, it shall be got validated within 3 months after receipt in India before the Collector under IS Act i.e. Joint Collector /RDO/SDO/District Registrar.

Sam-AdviseSeeker (-) 24 July 2020

Thank you very much for your quick reply.

I have the POA already.

But, who are all the parties need to sign this registration ? both wifes and kids or just kids including minor ?

Aniket Giri (ADVOCATE) 24 July 2020

If the property is un-partitioned, the property is a joint property and as such demarcated property cannot be transferred only 1/3rd share of the property can be transferred. As your uncle is the sole owner of his share, only his signatures would be required at the time of registration of the deed.