Hello: My father exchanged an ancestral property (registered it as a gift deed to avoid taxes) with his sister 3-4 years ago. His sister now wants a release deed from all of my family members. My sibling and myself are are in USA and do not have any objection to this . We just wanted to give it away. Will mailing out a notarized No Objection Certificate/letter (NOC) good enough? Does it need to be attested by the Indian high commission or consulate? Is there a POA and adjudication involved in this process?. Could you please explain how it works and what should we do to give this out to be fair? Thanks, Malar
What are things (step-wise) I need to do both in the US and in India for my aunt (dad's sister) to get a properly, legally recognized NO Objection Certificate from us?
You can execute specific POA in favour of your father or family member to execute relinquishment deed
2) the POA should be attested before Indian consulate
3) on basis of POA your father can execute relinquishment deed on your behalf
4) mere notarised NOC would not suffice
1. The release needs registration for which your physical presence is necessary.
2 Now if you can not come then make a POA notarised in USA and send this through post.
3. While it reaches in India it requires adjudication/stamping after which the constituted attorney who must be your relative can act on the basis of POA and can make such deed presenting you in the registration office.
4. NOC can not do away with the need of release/gift deed.
1. A POA has to be executed before the Indian Consulate. It requires attestation before the Indian Consulate and can then be sent to India where it will require adjudication before the sub-registrar. On the basis of the GPA the agent can execute the release deed for and on your behalf.
2. The GPA has to be in favour of a blood relative only.
3. Get the GPA drafted by an Indian lawyer and then get it attested before the Indian Consulate in US.
You have to give Power of attorney notarise and stamped by Indian consultant to any of your relative to sign the relinquishment deed in her favour to relinquish your rights over the ancestral property along with an NOC.
Sir she can register an Relinquishment deed, you to sign on your behalf can make a registered POA notarised in US then further take same for stamping with the indian consulate in US.
Then same should be sent to India in India it is required to be verified by the Collector the POA holder will take same to the collector office for stamping. Then the deed can be prepared and the POA can sign on your behalf.
Make a Affidavit through a lawyer
Sign it before notary public in USA
Courier it to India
No need to go to Indian Consulate
1. Ancestral property is defined as the property flow of title of which has not been interrupted for four generations i.e. from great grandfather to great grandchildren through any deed of conveyance or will. Mostly inherited properties are confused as ancestral properties.
2. If the property is ancestral property, then all of the great grand children of your great grandfather shall have to register a Release Deed in favour of your Aunts . If all of you stay in the USA, then the said Release Deed can be registered before the Appropriate Officer of your local Indian Consulate which is considered as an extended part of India.
3. If the said property was inherited by your father, then you, being his children, have no right, title or interest on the said property.
4. So, there is no requirement for your registering ant release deed in connection with the said property which is not owned by you.
1.You shall have to first ascertain whether it is an ancestral property or parental property inherited by your father.
2. If it was a property inherited by your father then it was his property which he has gifted his sisters then you registering a Release Deed in connection with the said property which is not owned by you will be considered as meaningless as per law.
3. If it is an ancestral property as fined in my earlier post, then all of you shall have share in it for which you shall have to register a Release Deed before the Registrar in India by paying appropriate stamp duty. If all of you stay in the USA and can not come to India, the said registration can be made before the appropriate officer of local Indian Consulate as detailed in my earlier post.
4. NOC has no role to play in the instant case.
The release deed is to be executed by the persons entitled to a share in the property in favor of the cosharer by executing the registered deed in the presence of the registrar.
However that person can do this through his power agent by executing a power of attorney deed duly attested and registered.
What are things (step-wise) I need to do both in the US and in India for my aunt (dad's sister) to get a properly, legally recognized NO Objection Certificate from us?
If you and your siblings are coparcener to the ancestral properties and you are entitled to a legitimate share in the property then you cannot just relinquish your rights int he proeprty by giving a NOC alone, you may have to execute a registered release deed relinquhisihing your rights in the property in her favor.
If you are not able to do it personally then you can do it through a power agent and the POA deed executed and duly notarised by a Notary of that country where the executor is residing now, shall be sent to the power agent in India who will again get it registered pr adjudicated before the concerned sub registrar in the jurisdiction where the proeprty situate.
After that the power agent can execute the said registered release deed on behalf of his principal as per law.