Indian property sale - nri

Sri Sanjay,

You, ur brother and your Dad are the owners of the property as per the Indian succession Act. Consult a property advocate at pune and get the documents prepared as you intend to split the sale proceeds into 3 parts and also remit the amounts to UK.

Sri Sanjay,

Any immoveable property can be transfered only through a registered document. So somebody who is properly authorised, will have to be present before the sub registrar and register the document in favour of the vendee.

An advocate at pune can arrange all documents, explain the procedure, followup with the sub registrar etc.. and complete the process.

Regarding the splitting up of proceeds, since all three of you will have to execute the document of transfer, the consideration will be received by all three of you and will not require any fresh document. 

I would be glad to help you but I am not located in pune.

Thank you for answering my questions Mr Kumar.

Can anyone on this forum recommend any good property advocates in Pune Or can anyone tell me where I can get this information from?

Any help most appreciated.

1.  Land belonged to Mother who is now expired.  Presume Mother has not made any will or nominations.  In this scenario, NOBODY can sell the dead mothers land  .AND. if done so by anybody, it will be criminal misrepresentation and a fraud, in the event IF a "will" surfaces at a later date and/or in the event if there is a unprojected dispute between father, brother, sanjay or any other known / unknown legal heirs/claimants,  which may include friends or other relatives of the Mother.

2.  The legal heirs of the Mother (i.e. Father, Brother & Sanjay) will have to apply for a  "Letter of Administration" (LA) from the testamentary dept., of the Mumbai High court, pertaining to the said property and ONLY & ONLY after obtaining the  "LA",  the property can be lawfully sold by the Father  and/or  brother  and/or  sanjay.

3.  Nobody becomes a "legal heir" automatically, unless proved via a registered will or in a registered nomination or in a registered deed, more specifically for "immovable property".  AND this can be achieved only by a LA (as above).   ELSE every third person in the neighbourhood will start claiming legal heirship on the property of the deceased person.

4.  Once a LA is obtained in favour of either Father  or  Brother   or  Sanjay  or jointly or whatever,  THEN the property can be lawfully sold immediately  without an Affadavit or a Power of attorney or whatever.    The sale proceeds can deposited in any Bank in India and then can be remitted overseas,  subject to the yearly limitation limits (amounts) as prescribed by the Reserve Bank of India,  after adjusting for the Income Tax (if any, as applicable).

Keep Smiling .... Hemant Agarwal