1. Upon the intestate death of your mother, the property hitherto owned by your mother shall get divided between her legal heirs, I.e., her husband and children.

2. In the instant case, she has left behind her husband and 2 children.

3. Since both the children want to transfer the title of the property in their father's name, each Son has to execute a registered Release Deed in favour of the father in the jurisdictional Sub-Registrar's Office.

4. Hardly it takes 2 to 3 days, which includes the time required for preparing the documents.

5. There is no time limit for transfer of the property.

6. Yes, the children, in the instant case 2 Sons have to execute a registered Release Deed in favour of their father.

If the children are abroad, they can relinquish their share by giving Power of Attorney to their father, to execute the Release Deed on their behalf in the jurisdictional Sub-Registrar's Office.

1. you should prepare release deed from advocate. POA has no standard format. you should mention all the clauses which you think necessary to empowered the attorney (agent) to do a job on your behalf, in your case signature of both sons are necessary.

your father should apply for letters of adminstration of the flat in his name

2) enclose consent affidavit of you and your brother

3) it would take around 6 months

4) enclose death certifcaqte of mother

5) on receipt of LA apply to society for transfer of flat in his name

in the alternative sons can execute gift deed or relinquishment deed for their one third share each in the flat

2) gift deed or relinquishment deed shoul;d be duly stamped and regsitered

3)it should be done as sonn as possible . ther eis no legal requirement that it should be done within 2 months or so

you need to engage a local lawyer to drfat gift deed or relinquishment deed

2) there is no standard format

3)ther eis no template for specifc power of attorney

4) scanned copy of POA will not be accepted

5) you need original power of attorney

6) specific power of attorney has to be attested before indian consulate

1. Both the brothers shall now have to execute and register a release or relinquishment deed in favour of their father.

2. There is no time limit for registering the settlement/relinquishment deed.

3. Both the sons shall have to execute and register the said settlement/relinquishment deed in favour of their father.

1. Such deeds are situation specific and there can not be a standard format for settlement/relinquishment deeds. However, there are specimens available in the book.

2.There is a specific way POA is drafted. It shall have to be on a stamp paper. Engage a local lawyer for getting the said job done.

3. Such Deeds will be registered as per Transfer or Property Act which is applicable equally all over India.

4. You shall have to send the original POA duly notarised by the appropriate officer of your local Indian Consulate or otherwise you shall have to come to India for executing and notarising the POA to be legally valid in India.

1. What is the procedure for this transfer? How long will it typically take to be completed?

For transfer of share certificate to your father's name, you both the sons have to give NOC to the society for this transfer to his name in that capacity of legal heirs to deceased owner.

For transfer of title to your father's name, you and your brother have to execute a registered release deed relinquishing your rights in favor of your father.

2. Does the law specify a time limit for this transfer to be completed (e.g., number of months after death, etc.)? What if that time limit is exceeded? I keep hearing different numbers (some say we have up to one year, some say it is best to get it done within 2 months). What is the correct number?

There is no specific time limit for this but the sooner the better.

3. Do the sons have to sign a relinquishment deed (or release deed) for this transfer to happen?

Yes, refer to the answer to first question above.

Is there a standard format/template for the Release Deed that my father can just type out himself, or will he need a lawyer to draw up a Release Deed for him? Not trying to avoid a lawyer, just trying to understand the process.

You can approach a document writer in the local who would be able to do this task for you.

- Is there a specific template for the Power of Attorney or do my brother and I just write a letter stating that we are granting a power of attorney to our father for this purpose?

Power of attorney is issued to transfer the property or to sell the same on your behalf by your father, this also can be done by the document writer or a lawyer.

- The property in question is in Secunderabad, Telangana. Does the procedure you described apply as-is, or are there any state- or city-specific variations to the procedure?

- Finally, will they accept a printout of the scanned (and signed) Power of Attorney or will it have to be the original document? I ask because sending the physical document from the US will take longer than scanning in the signed document and sending it by email (so that my father can take a printout at his end).

The power of attorney document has to be signed and attested by a notary or an official of the Indian Embassy or Indian High commission of that country and send it by sealed cover to be opened by the sub-registrar who may register the power of attorney deed and permit the power agent to perform the task as empowered through this power deed.

It is a bit lengthy procedure which you can consult with a local advocate.