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victim (service)     31 March 2010

PROPERTY WILL EXECUTION FOR NRI

Sir

My grandmother was having one flat in Delhi. She made her registered will in which she made my father and my uncle (father's younger brother) as her sucssesor for the property, and their three sisters will not have any right on property, she had also mentioned that my father is having the right to sell the property and all the amount will be divided equally between the two brothers.

Now problem is that my uncle lives outside India and now he is not indian citizen. Now my father and uncle wants to transfer the property in their name and then want to sell it. We are told by some one that since my uncle in not indian so on excuting the will property cant be transfered in his name, kindly tell is it true that non indian citizen cant get any property tranfered in his name in Delhi (DDA Flat)?

If so then is it possible that my uncle gives power of attorney in the name of my father so as the property can be trasfered in the name of my father only.

Also can my uncle can make power of atorney in favour of my father so as he can sale the property in absence of my uncle, if so then will this power of attorney be registered?

Regards.



Learning

 3 Replies

V. VASUDEVAN (LEGAL COUNSEL)     31 March 2010

Both your father and uncle are entitled to get the property. In case your uncle is relinquishing his title by a properly executed deed of relinquishment in favour of your father, registration of the whole property in your father's name or direct sale based on the will and the documents also possible. Please consult an eminent lawyer dealing in property matters and get the required documents prepared and executed.

Vasudevan

victim (service)     31 March 2010

Sir, thanks for the reply, is Non indian can also get property tranfered in his name? Also can without transfering the property in their name can my father or uncle can sale the property on the bases of Will and power of attorney of my uncle.

Regards.

Suryanarayana Tangirala (Advocate)     01 April 2010

Yes they can Sell without any problem but the POA of ur uncle should be registered if executed here in India else validated and regsitered if executed abroad,a lawyer will help u in all these legalities consult one


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