How to register relinquishment deed by nri
kaushal abrol
(Querist) 30 November 2013
This query is : Resolved
Dear Sir's,
My mom-in-law passed away recently. She had 03 daughters and one of them is married to me. We are in the process of selling the flat owned by my mother-in-law. During her last rights all the sisters had contacted a lawyer in Lucknow/UP and got the required documentation done. Unfortunately the lawyer concerned got only Mutation formalities executed but not the release/relinquishment deed. The 02 sisters reside in USA and the one married to me is in New Delhi. The idea was that the one in New Delhi will sell the property and so on. Now when we have a buyer who took the photocopy of the property documents presented to his bank, the bank is asking for Registered Relinquishment deed. The sisters residing in USA are ready but what can be done so that they do not have to be physically present in UP court for this.
Can they write a relinquishment deed and get it registered in USA court or Indian consulate and send the original via courier to us. Later we take the document and get is registered in UP court?
The property circle rate is around 20-25lacs. Is there a particular amount of stamp paper/duty on which they can register the deed in USA.
Any other formality required for the sister residing in Delhi to sell the property.
Can you please advice what else is needed by us to sell the flat without any issues. Thanking you in advance.
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BAALASUBRAMANNYAMM
(Expert) 30 November 2013
Both the daughters, who are staying out side india, can execute a Special Power of Attorney.Prepare a Special Power of Attorney here on RS.100/-Non Judicial Stamp Paper and send it to USA for their signatures. After getting signatures, get it be Notarized by local Notary there (USA) and that you can present it in UP.
Rajendra K Goyal
(Expert) 30 November 2013
Instead of relinquishment deed both the sisters can send Power of Attorney (special or general with selling rights)in favor of third sister. After getting it stamped in India she can sell the property on behalf of her two sisters along with her own share also.
malipeddi jaggarao
(Expert) 01 December 2013
Agreed with above experts. The Special Power Attorney is to be routed through Indian Consulate in USA to India. Present the same to the concerned Registrar where the property situated, who will assess the stamp duty and you can pay the same here to put the Special Power of Attorney in operation.
kaushal abrol
(Querist) 01 December 2013
Dear All,
Thanks a lot for your expert advice. Just a small clarification in understanding of "routing through Indian Consulate". What's the process.
Thank you in advance.
T. Kalaiselvan, Advocate
(Expert) 01 December 2013
A special power of Attorney deed in favor of the person in India, authorising her to sell the joint property on their behalf, prepared in a plain paper in India, signed by them in USA, attested by a lawyer or notary there, counter attestation and certification by the Indian consulate, then the sealed cover to be addressed to the concerned registrar her in India will be a proper procedure for registering the POA by foreign residents to their Indian agents.
