Regarding power of attorney to brother- ancestral property

yes, u can after following due process

Yes, you can give special power of attorney to your brother to sell the property. 

Get a registered / local notary or embassy attested power of attorney in favour of your brother authorising him to sell your share alongwith his own share.

Yes you can proceed to sell your share in the property by granting a Power of attorney deed in favor of your brother to sell the same jointly on your behalf too

Your mother is alive or not, if she is alive she also inherit.

What about the mother and sisters, if any? The property being commonly held by all the legal heirs.

Dear Reader,

Thank you for your query. After reviewing your situation and the current legal position in India, a person can authorize another through a Power of Attorney (POA) to carry out tasks on their behalf. In your case, residing in Dubai, you can grant a POA to your brother in Krishnagiri to facilitate the sale of your ancestral property.

However, it's imperative to address the division of the property among the Class I legal heirs, as per Hindu succession laws. This division must be formalized through a registered partition deed to ensure clear title and avoid future disputes. Additionally, the property must be mutated in the revenue records to reflect the new ownership. I presume these steps have not been completed yet.

Regarding the transfer of property, the current legal stance is that immovable property can only be transferred through a registered title deed, with the prescribed stamp duty paid to the respective state. A POA holder may transfer property on behalf of the principal, provided the POA itself is a registered document. The Supreme Court, in the case of Shakeel Ahmed v. Syed Akhlaq Hussain (Civil Appeal No. 1598 of 2023), held that title cannot be transferred concerning immovable properties through an unregistered Agreement to Sell or General Power of Attorney.

To enable your brother to transfer the property on your behalf, you should:

1. Execute a Registered Power of Attorney (POA):

   • In India: You can personally execute the POA in India and have it registered before the appropriate Sub-Registrar in the district where the property is situated.
   • From Dubai: Alternatively, you can execute the POA in Dubai, get it attested by a qualified attestation officer, notarize it at the Indian Embassy in Dubai, and then courier it to your brother in India. Upon receipt, your brother must pay the relevant stamp duty (typically ₹100) and register the POA within three months.

2. Complete the Partition and Mutation Process:

   • Ensure the property is divided among the legal heirs through a registered partition deed.
   • Complete the mutation process in the local revenue records to update the ownership details.

3. Transfer the Property Title:

   • With the registered POA, your brother can execute a sale deed on your behalf.
   • The sale deed must be registered, and the applicable stamp duty paid to effectuate the transfer of title.

Please note that the registrar will not accept an unregistered POA for property transactions. Therefore, ensuring the POA is registered is crucial for the legal transfer of property.

Given the complexities involved, especially with your residence abroad, it is advisable to consult with a legal professional experienced in property laws in Tamil Nadu to guide you through the process and ensure compliance with all legal requirements.

Best regards,

Rohan Chanda Advocate.

Sir-  Mother and Sister are deceased so only myself and my brothers are surviving

Originally posted by : Raja Naik
	Sir-  Mother and Sister are deceased so only myself and my brothers are surviving

Was the sister married? If so, what about her legal heirs?