AJIT BHUTANI (Consultant) 18 April 2013

Relinquishment deed

Is it necessary that Special Power of attorney which is to be made by the legal heirs of the deceased settled outside india - for transferring their share of the immovable property in India (to say their mother)- an attorney who is ONLY THEIR BLOOD RELATIVE? And what to do in case they do not have a blood relative in India?

Ajit

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2 Replies

VIRAJ KADAM (Advocate Supreme Court of India) 18 April 2013

Dear Ajit

You first have to become the owner of the Subject property. Then You may with Power of Attorney dispose of such properties. However, if the value of the property is high you must take a legal advice.

Regards

VIRAJ KADAM

Advocate, Supreme Court of India

virajkadam@gmail.com

AJIT BHUTANI (Consultant) 22 April 2013

Dear Mr Kadam

Thank you for responding. Yes, I understand that for becoming owner, SPA has to be given by( say my nieces and nephew who are settled outside india),in my name, so that I finally reinquish the shares of my nieces and nephew to my sister, based on the SPA.

My query refers to the point whether I - should be blood relative , ONLY then SPA can be made by my nieces/nephew OR SPA can be made in any persons name for finally relinquishing the share to my sister?

Hope I am clear? Property is DDA flat in west delhi.

Regards

Ajit