kranthi (IT Professional) 03 January 2011

Selling Land in India, when one of the owner is not in India

Hi,

I and my sister have a piece of land in India, we want to sell this land now, I could be present at the registrar's office when the sale takes place but my sister could not as she is abroad.

1. Can we sell this property with her being present but she can sign any papers required and mail me to India.

2. If yes, could you please explain how this could be done?

Thanks for any responses

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5 Replies

H.M.Patnaik (Proprietor) 03 January 2011

Yes, you have to obtain necessary POA from your sister duly apostiled by the Indian embassy authorities available in that country authorising you to transfer the property in question by way of Regd. Sale Deed in favour of the prospective buyers.

kranthi (IT Professional) 03 January 2011

Hi Patnaik,

Thanks for the reply. Can you please elobarate a little more on the answer. I have understood that I have to get POA from my sister and it should be authorised by the Indian embassy present in the Country my sister is living. I could not understnad the rest of your answer.

Thanks

SACHIN AGARWAL (ADVOCATE) 05 January 2011

You are required to get teh P.O.A. from your sister duly verified by the Indian Embassy of the said country where your sister is living and then it shall be presented before the concerned authority of your District for the purpose of payment of stamp duty and thereafter you would get the authority to sell the entire proeprty including the share of your sister.

kranthi (IT Professional) 05 January 2011

Hi,

This is what I am plling to do.

1. Get the recommended documentation for the P.O.A, send it to my sister abroad.

2. My sister signs the documents and then take them to the Indian Embassy for verification

The below point mentioned by you. Does it mean, I have to pay the stamp duty again on the part of the property owned by my sister?

"it shall be presented before the concerned authority of your District for the purpose of payment of stamp duty"

Then I get the legal authority to sell the property

Thanks for the reply!

H.M.Patnaik (Proprietor) 06 January 2011

Yes, You have to present the POA to the Registering authority in India after the Embassy verification advised above and get the same registered paying the stamp duty applicable in your state . Only after Regn. of the POA, You will have right to deal with the immovable properties in the manner & extent permitted by the Executant i.e. your sister.