Jerry (Senior Engineer) 01 January 2012

Transfer property to my widowed mother

Hi,

My father passed away, and now me, my sister and mother are legal hiers. I and my sister would like to transfer the property to my mother. Please let me know what needs to be done.

My sister lives in the US. I live in India. What documents are to be processed by me and my sister and how?

Can i be the Power of Attroney for my sister?

Thanks,

Jerry.

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8 Replies

Sanjeev (Lawyer) 01 January 2012

which state r u in

Rajesh Hazra (Mediator and Legal Counsel ) 01 January 2012

Yes you can but you need a proper POA from your sister Notarized or Legalized having the consent of Embassy at US.

Similar query has already been dealt earlier.

Adv. Sanjay Kadam (Proffessional) 01 January 2012

As far Maharashtra is concern in the transaction of transfer of property POA should be registered with the Sub-Registrar. Notorized POA is not accepted. It is to be looked whether this Law and especially Registered POA at US may or may not accepted in India.

V. VASUDEVAN (LEGAL COUNSEL) 01 January 2012

if the property is in a cooperative society. In such case, the process of transmission is simple - can be done based on separate affidavits executed by you in India and by your sister in U.S. before a US Notary. No registration of property is required for transmission of property. ALso check if the nomination is done by your father. vasudevan

Jerry (Senior Engineer) 01 January 2012

Tamil nadu

Shailesh Kumar Shah (Advocate) 02 January 2012

When POA comes at INDIA, thereafter adudicate before the collector as per section 18 of the Indian Stamp Act.

Jerry (Senior Engineer) 05 January 2012

One more problem I am facing is that, a bridge is going to be constructed by the Highways department, So they have issued a notice to acquire 20% of my property today. Now, as my mom, my siter and myself are legal hiers, how will the compensation be awarded and

1. Should all be present before the concerened person to get their own compensation?

2. Should my sister living in US be appearing in person to get the compensation, Or can she give authoring to some other legal hier to get the compensation on her behalf?

3. If my sister is unable to make in person before the collector/whomsover concerned, will the compensation never be awarded to the three of us?

4. How long does a process of land acquisition take? This January, they have issued the preliminary notice. If it takes quite long, we siblings will take the process of transferring property to mother. Will the latter take longer than the former. Kindly advise.