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Rajneesh (na)     25 June 2012

Property transfer after death

Sir / madam,

 My Late father had a Registered agriculture piece of land on his name. He expired 9 years back and did not write any will.Know we (me and my 2 married sister's) want that this property registration title to be transferred into the name of my mother / or we can sell it off.What are the formalities that are required to be completed for transfer of property title and property sell off . Both of my sisters live abroad and it is very rare that both of them visit india at the same time. Is there simultaneous physical presence necessary in this entire process.

Regards,

Rajneesh



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     25 June 2012

They don't need to come they can execute a POA notarised by Indian Consul in their country, authorising you to execute and get registered the land deeds on their behalf, this POA should be registered in India at place where property is situated after which you can sell off or transfer the properties. 

S Jadhav 98336 98330 (Jadhav & Associates)     25 June 2012

Rajneeshji,

Please approach the local authorities to get the title transferred in your name by providing the relevant documents such as the death certificate, the release deeds by other heirs, etc.

For getting the release deeds from your sisters, they do not have to come to India to register the Power of Attorney (PoA). They can do so in the country that they are in at the Consul General's office and at different times also. Both of them do not have to be together. But do not forget to get the PoA registered at the local registrar where the property is located.

You can sell off the property without getting it transferred in your name, so if you are selling it off you may consider not getting it transferred in your name (this may also help you in saving taxes).

S Jadhav

Ajit Singh Cheema (practising Advocate)     25 June 2012

Get the inheritance mutation in favour of your mother , by putting in / up Relinquishment deed / power of attorney  duly signed and attested from yourself and your sisters . Physical presence of the sisters can be avoided by necessary attestation by counsulate general office.

Abhishek (Managing Partner)     23 April 2014

I am having a residence.. Where me and my wife are joint member.. My wife has expired and She has written the property in my name.. How do i get this transferred in my name in EC and other municipal records..

 

Regards


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