• Succession and sale of ancestral land - power of attorney

Hi, we have an ancestral agricultural land passed on to us after my father passed away in 2013. We have got the partition and property mutation done with our father's brother. 

The aforementioned land is in Khadaklat village, which is near Nipani village which is in north Karnataka.

Currently, the land is in the name of me, my mother and 2 sisters and we are planning to sell it. However, it seems we need to get the surveyor mapping in-order to sell it. Can you please confirm if it is required? Also, are all owners required to be present in the RTO/ surveyor office?

If yes, is it fine if we assign a power of attorney among us and get it done? Asking this as 1 of my sisters is living in USA and other sister is in Pune.

Thank you!
Asked 7 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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7 Answers

all owners not required to be present in survey office 

 

2) you can execute POA in favour of family member to get survey done 

Ajay Sethi
Advocate, Mumbai
99931 Answers
8157 Consultations

Dear Client,

Surveyor mapping (Seema Gyan) is required where area of land and proper location is not certain. Still you want, can apply for it, any owner can apply for it or get sign of all owners on application and any one can present it to revenue officer.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Sir if the land record are clear and partition is done with clear demarcations survey is not required.

The land with share is mutated in your name so sell same vide a register sale deed.

The sale deed need to be registered at jurisdictional sub registrar office.

Further yes it can be sold by POA your sister in US can send a notarized POA stamped with embassy and further when it is in India verified by SDM. Other sister in pune can give simple notarised POA.

 

Further if you go survey mapping all presence is not required you can apply with revenue office with tehsil dar for survey of the land.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can execute a registered power of attorney for the same in the name of a single person. But kindly verify the same with the sub registrar office as due to supreme court judgement sale & transfer of immovable property through POA was barred. Kindly verify the same at Sub registrar office

Prashant Nayak
Advocate, Mumbai
34630 Answers
249 Consultations

You can sell ancestral property with the consent of all legal heirs. You sisters can execute Registered POA  through Consulate. 

If you want to draw a Power of Attorney and send it to India, then it is suggested to go to local Indian Consulate to get it all attested. It is certainly important as document won’t be valid unless you attest it at first. Here are some steps you should take to get the non-resident Indian Power of Attorney attested at Indian Consulate-

• On a plain paper, write down all the powers that you wish to share with the designated person. Initially, for huge transactions of immovable property such as land, your designated person should definitely be a blood relative like siblings or parents or spouse. List it out whatever you like this person to do on your behalf.

• A non-resident Indian Power of Attorney sent from abroad does not need an Indian stamp paper. Thus, you can make use of plain paper

• Before you actually sign the document, you must go to the Indian Consulate and ensure that you have a minimum of 2 copies of the Power of Attorney

• Two witness signatures would be required for Non-resident Indian Power of Attorney to be valid. You can take 2 witnesses with you while you visit the Consulate or get their signatures notarized beforehand. If the 2 witnesses are not able to come to the consulate, only then only you should get it notarized, otherwise, these must sign the Power of Attorney in presence of the consular official.

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19359 Answers
32 Consultations

This is my response to you:

1. You can get the surveyor done without your sister's presence;

2. Your sisters will have to visit one day to the office of the sub-registrar for transfer;

3. Your sister can also execute a POA in USA, notarize in embassy and get the same transferred;

4. Consult, a local lawyer with full facts and then take legal steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

If you have got the property properly partitioned with demarcations of proper boundaries in respect of the shares allotted to each of the shareholders then you can proceed with the sale of your father's share of property allotted jointly in your name, your mother's name and on your siblings name. 

If there was no proper division done, then you may have to get it surveyed, divide the same as per the records and partition agreement, then go for sale of the property.

T Kalaiselvan
Advocate, Vellore
90132 Answers
2503 Consultations

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