Buying land
samrat choudhury
(Querist) 07 January 2012
This query is : Resolved
sir,
i have recently made an advance to buy a land belonging to a certain deceased lady. Her husband is also dead and they had 4 sons and one daughter. One of their son who occupied the land is also dead and is survived by her wife. The other sons have for a long time stayed out without visiting the ancestral property. Can the wife of the deceased elder son give me the registration of the property. She says she will bring the notary certificate from her 2 brother in laws and one sister in law. But since the third brother in law stays in US it is not possible to get his no objection. What do you advice..
Devajyoti Barman
(Expert) 07 January 2012
Yes she can but that transfer would be with respect to only the undivided share of her husband only.
For rest of the shares you need to get the land transferred from other sons as well.
Notary certificate has no value . You need registered sale deed only.
The person in abroad can give POA in favour of any of his relatives in India to transfer their share.
samrat choudhury
(Querist) 07 January 2012
sir,
thanks. If all the brother in law and sister in law gives a POA to the wife of their deceased elder brother....is it all right
Raj Kumar Makkad
(Expert) 07 January 2012
POA should be duly registered and the brother in law residing in USA can also send his POA duly attested by embassy of India situated in USA in favour of this lady so that she may duly sale the property in question otherwise she is capable to sale only her share out of whole property.
Devajyoti Barman
(Expert) 07 January 2012
Yes all gives registered POA to any of them then it is OK.
The person in abroad can however give notarised POA of that country only which needs to be counter signed by the Indian Consulate Officials and adjudicated in India.
Raj Kumar Makkad
(Expert) 08 January 2012
Notarized POA sent by person residing abroad shall also have to be got registered with the local registrar.
prabhakar singh
(Expert) 08 January 2012
i also agree with views of Mr.Makkad and Mr.Barman.
