• Requirement to transfer jointly owned property for NRI or OCI upon the death of one

My wife and I jointly owned an apartment in NCR bought directly from the builder over ten years ago and paid through our joint NRE account, We both are OCI card holder and live in UK and visited India frequently.
From last few years my has become disabled with dementia and is in advance stage. I hold the lasting power of Attorney issued by office of public guardian (UK official authority)
If we decide to sell the apartment now, do I have to register the LPA at India high commission? Or in the event of my wife demise, Do I need to have our will registered at India high commission or anything else to insure for straight transfer
Asked 4 years ago in Property Law
Religion: Hindu

11 answers received in 1 day.

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13 Answers

This is the most popular method of property transfer in India. If you hold a possession and you might want to sell it outright for a consideration i.e. sale value, then execution of SALE DEED can be considered.

The enrollment of sale deed or transfer deed is mandatory, and once the sale deed is enlisted in Sub-Registrar office, the ownership gets transferred to the new owner.

Property Sale in India from abroad when owner unable to travel to India

While finding buyers and preparation of sale deed etc. can be done by brokers, lawyers etc in India, the presence of the owner is required at the time of registration in the registrar office. If this is not possible then the option is to allow someone to represent the owner by giving a Power of Attorney to act on the owners behalf. NRIs can either get the required Power of Attorney document prepared in India or abroad. However, POA sent to India from abroad regarding property matters must be signed and attested at the Indian Consulate. Once the Indian Consulate attests the POA it should be acceptable by registrars in India.

To sell your property you are going to need:

• Property documents showing ownership of the property etc.

• An NRO bank account in India. If you do not already have such an account, you can open one from UK by using online services offered by many Indian banks to non-resident Indians. This type of account will be required to have the sale proceeds sent to UK.

• Power of attorney document prepared and attested by the Indian consulate. Be Alert when issuing Power of Attorney By giving power of attorney you are allowing someone to act on your behalf. When drafting a POA seek the services of a lawyer to ensure your POA is not misused. People in India often ask NRIs to simply send a general power of attorney as this will cover everything and be more convenient. However giving a general power of attorney is very risky and subject to misuse.

Generally there appears to be a misunderstanding that Non-residents must give a comprehensive power of attorney to allow someone to represent them on property matters in India. However this is not true, instead of giving a POA to someone to act on their behalf on all property matters, the seller can give 'Admit PoA' rights to someone to represent them only at the registration office. All other documents should be signed by the seller themselves which is quite easy these days with fast courier services.

Open NRO account on your name only. account opening procedure is different office and selling is in different office, ask seller to issue cheque on your name and get transfer the POA from her to seller name.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1) if you have power of attorney executed by UK official authority it should help you in selling your wife share in property

2) it should be registered in NCR as property is situated in NCR

3)registration of will is not mandatory

4) on wife demise apply for probate of will .

5) then have the apartment transferred in your name

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

sale proceeds should be deposited in joint NRE account

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1. Since you have the POA of your wife which if notarised in UK then get it adjudicated in India at Collectorate Office.Once that is done you can resent you wife as her attorney and on her behalf and in your individual capacity can sell the proeprty.

2.Sale on the basis of POA has to be done during her lifetime only as on her death the POA ceases to exist.

3.if except you there is no other legal heir like any children living then on her death you cans sell the proeprty.

4.the sake proceed can be deposited in your sole NRE account as well.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

During the life time of your wife if you are selling the property on basis of power of Attorney now days due to many fraud cases the two way registrarion is made mandatory even if India is Signatory to Hague Convention and any POA made and notarised in Signatory nation is valid document. First you can dile POA along with your both identity proof with Indian consulate in embassy in your Area and get it registered from him

Secondly once you bring the POA to India get it registered in office of Sub-divisional district marriage or the District Magistrate depending on state than you can make a valid transfer on basis of that POA.

If you want to sell property after demise than you can get her will registered in UK on her demise take a probate from Indian court and transfer the property.

The consideration can be accepted in NRE account and the applicable TDS under Indian law for same has to be paid.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

You may sell the property immediately by getting appropriate documents duly sworn before India High Commission. The amount that is sale proceedings will goes to your joint account. If unfortunately your wife dies then you become absolute owner and you can sell by yourself and sell proceedings will be deposited in your account.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi,

You have to register the documents-LPA with Indian High Commission for validation. You may open another account also in the present circumstances.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Hello sir, you can obtain a WILL in your favour ..later on whenever required , you can probate the WILL from court..after the WILL is probated , the court will pass a decree in your favour

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. On the strength of the LPA, execute a Gift Deed, and transfer the property to some blood relation, to avoid future complications.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

The power of attorney deed executed and notarised by that country, can be registered in India within the jurisdiction where the property situates.

After that you can sell the property on behalf of her too.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

If we decide to sell, after the sale what account do the sales proceeds go in as we have only an NRE account and can’t open a joint new joint NRO account due to wife dementia?

You can get the sale consideration amount transferred to your NRE account also if that is the only account which is held to be legally valid and in force.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

1. You shall have to get one Power of Attorney executed as per India law registered before the local Indian Consulate.

2. Based on the said POA, you can sell thesaid property now or get her share of the property transferred in your name since in case of her demise, the POA executed by her will become invalid.

3. Alternatively, both of you can jointly or severally execute a will to be notarised by the appropriate officer of the local Indian Consulate bequeathing the said property in favour of any one you desire.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. You can get a POA registered by her in your favour and then sell the entire property based on the said POA collecting the sale proceed in your single NRO account.

2. it is to be kept in mind that the said POA to be registered by her shall become invalid on her demise and thereafter her share of the said property will be equally inherited by all her legal heirs.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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