My name is Annoy Chowdhury. There is a land in name of my elder brother ,who is presently a NRI and myself in barrackpore, west Bengal. Now I want to build a house but I can't take home loan on that land as the land owes to both of us. What are the possible ways to take loan in name of mine. My brother can't come now from where he is serving. I want to start the construction as early as possible. Pl provide me some options what can I do. He is willing to transfer or give NOC for the land, but he can't come. Is there any way to get his accordance without being physically present here.
Can my brother give his accordance through Indian commission. Please provide the best suitable option sir
Your brother can execute specific power of attorney authorising you to apply for permission to carry on construction on said land , to obtain bank loan for said purpose , to execute such documents as may be necessary for said purpose
2) POA should be attested before Indian consulate
Mere NOC would not suffice
2) in alternative brother can execute POA in favour of your mother to execute gift deed for his share of land
3) POA should be attested before Indian consulate
4) your mother can then register POA and then execute regd gift deed in your favour
Your brother can execute a registered transfer deed in your favor through a power of attorney agent by executing a power of attorney deed in his favor.
He can also give a NOC duly attested by a Notary public of that country or by an officer of the Indian embassy in that country, stating that he has no objection for you availing loan to the extent of your share in the undivided property
Can my brother give his accordance through Indian commission. Please provide the best suitable option sir
He can execute a No-objection deed in yor favor by following the procedures properly as per law as suggested in my previous post.