Hi, I am an NRI that stays in India. There is a property that my Elder Brother and Mother jointly own in India. My mother passed away recently and had me as the nominee (younger sister of just 2 of us). I am in no position to goto India to deal with this property, so I wanted to make my father as the Nominee. Following are my questions: - I wanted to understand the process on how I can do this - To transfer the share certificate to my father's name along with my brothers name, what forms do I need to get certified (if any from the US Embassy here in US) - Can the US Embassy even attest or approve these documents? (similar to what a court in INdia do for this process) - if Yes -- then what do I need to do, if No, then what can be the solution?
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1. First you require to obtain succession certificate in favour of the legal heirs of your mother.
2. once that is done you can gift all your shares in favour of father/brother etc.
3. If your mother has left moveable assets only then you can make gift deed to transfer your sahre.
4.if she has immovable assets then gift deed is to be made registered.
1. You can authorize your brother to act on your behalf by giving Power of Attorney to him.
2. You can authorize your brother to transfer the share certificates to your father's name along with your brother's name. You have to get the POA countersigned by an official of the embassy and send it to India for its adjudication in the jurisdictional Sub-Registrar's Office.
3. US Embassy attests such documents like POA.
You can execute POA in favour of relative
2) te POA should be attested before. Indian consulate
3)gift deed can be executed by relatives in favour of father
Dear Querist
You may execute a Power of Attorney in favour of your father and the same should be Notarized by the Notary Public in US and send it to your father, based on that POA, your father may act regarding the same as per your instruction.
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1. Your brother and mother jointly owned a flat in India ( nominees can not be made for agricultural or other such properties).
2. Your mother had made you as the nominee for her share of the said flat for which you became the nominee of 50% share of the said flat along with your brother.
3. Now, you want your father to be nominated by you for your 50% share of the said flat.
4. The share certificate is in the name of your brother and mother wherein you can enter your name after the demise of your mother.
5. You can not transfer your share of the flat to your father by nominating him and in that case he will be its owner after your demise only and not before that.
6. You can execute and register a gift deed conveying your 50% share of the said flat in favour of your father and in that case he will become the joint owner of the said flat along with your brother.
If it was a property jointly owned by your mother and your brother, then the share of your deceased mother in the property would automatically devolve on her legal heirs consisting your brother, father and yourself.
Though you may been named as her nominee, the nominee has no rights in the property, she can receive the property of he deceased and distribute to the legal heirs.
Now you have to execute a registered release deed in favor of other legal heirs if you would like to relinquish your rights to the legitimate share in the share of your mother in the property.
If you are not able to visit India for this purpose you can authorise your power agent to execute the said release deed on your behalf.
For further details you may contact your attorney/advocate.
