• Our parents died a year ago and we are one brother and sister

Sir,
We are left with two houses in the name of our parents.
Myself and my brother had decided to keep one house each.
But as he stays in United states and not keeping well,he is unable to come and fulfill all the formalities of getting each property registered individually.Is there any procedure that he could sign some legal documents from there,  which will help me register my share of property in my name.
Sir Please guide me in this
Asked 2 years ago in Property Law from Bhilai, Chhattisgarh
1) your brother can execute POA in favour  of any relative . 

2) since your brother is in USA forward the draft of POA to him . POA has to  be  attested by the Indian Consulate abroad   Details of getting documents attested at Indian Consulates abroad is available on their respective websites.

3) once POA is received the holder of POA will have to submit it for registration purposes in bhilai 

4) deed of family settlement can be entered into between you and your brother through his POA . have it duly stamped and regd
Ajay Sethi
Advocate, Mumbai
26191 Answers
1422 Consultations
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Hello,
1) Your brother needs to give  Power of Attorney to any of the relative on India who can act on his behalf and get all the formalities completed.

2) You can get the POA prepared by an advocate in India and have out sent to the USA to be attested at the Indian Embassy..

3) The POA must be registered in India and the POA can help with the registration of the Proprty on Individual names as you desire.
S J Mathew
Advocate, Mumbai
1981 Answers
75 Consultations
5.0 on 5.0
1. If you brothers alone are only legal heirs left by your parents then both of you equally get all of their properties.
2. Do it would be better of both of you execute a deed of partition. Since one of you 9s in USA . get the signatures done and once he comes to india then put the document for registration.
3. On the basis of the deed pf partition and the GPA if your brother executes on in your name, the propeties can be mutated in your respective names.
Devajyoti Barman
Advocate, Kolkata
6500 Answers
72 Consultations
4.9 on 5.0
1. If your parents who owned the properties in question, died without making a will, the properties devolved on you and your siblings.

2. A partition deed can be drawn up between you and your brother whereby and whereunder the properties may be divided in an amicable manner. 

3. Since your brother is in US and cannot come to India he may execute a POA in favour of any of his relatives and have it attested at the Indian Consulate in US and send it to India for initiating and completing the process of division of property including the drawing up and registration of partition deed before the registrar.
Ashish Davessar
Advocate, Jaipur
19239 Answers
486 Consultations
5.0 on 5.0
1. Since your brother is ataying abroad, either he has to come to India to sign the Deed or someone aothorised to sign the Deed for him should sign it to get it registered in India,

2. He has to execute POA in favour of his representation in India who can sign the said Settlement Deed for your bother in India to get it registered,

3. Send him the POA to get it attested by Indian Consulate and return it to his POA holder to enable him and you to further procced on the matter.
Krishna Kishore Ganguly
Advocate, Kolkata
13228 Answers
281 Consultations
5.0 on 5.0

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