Hello, I am Kumar. I have 1 elder sister(US citizen) & 1 younger sister( Australian PR).I am from Hyderabad. Right now I am in the US on a temporary visa. We all 3 are planning to go to India at the end of this year. We have a property in Hyderabad. It is my father's self acquired property. The property is on my mother's name 87% & rest is on my father's name. She passed away 7 years back. We all 4 members gave the land to builders for building apartments 3 years ago. During the supplement agreement we 3 siblings gave the SPoA on my father's name as we 3 couldn't go to India for registration of development. Recently my father passed away. Since my childhood my parents said that the property belongs to me and even my sisters agreed to that orally and never said anything. Now I want to transfer the property to my name. Right now I am in the US. Can you please tell me what is the procedure to transfer the owner's property on my name from my two sisters. I want to transfer the property now instead of waiting till the end of the year (When we 3 meet in India). Please guide me with the documents name and procedures so that I won't face any legal problems in future from my sisters for their share or any other things. They both are married. If I do it now, is there anything I need to do when we 3 meet in India? I don't want any legal problems from them in future. I want to be safe and legally correct regarding this property (If I want to sell or rent). Note: 1) Also, when my mother passed away my two sisters signed a document on my father's name saying that they do not want any share in property. But it was not registered. 2) Also, My father said that he wrote a will last year in my name. (I am pretty sure he wrote it after he got a special power of attorney on his name from all 3 of us. But I never saw the documents. Do you think the will is valid now to transfer the property on my name as it is his self acquired? This is what is written in the Special Power of Attorney document. (We all 3 siblings signed and notarized this SPoA document when we gave the authorization to my father) Below are the few important sentences written in SPoA. It was registered last year in February 2021. My father wrote a will in April 2021. He passed away last year in October 2021. On the top of the document, The details and address were there. (Below I wrote the important lines in the document). And whereas, in view of my avocations and pre-occupations, I am unable to present the said supplemental development agreement before the concerned Sub- Register office for registration thereof, as such I hereby authorize my attorney to present the supplemental development agreement before the concerned Sub-Register office and to admit the execution on my behalf, and to do all the acts, deeds and things necessary to complete the registration. I hereby undertake to ratify the said acts, deeds & things done by my attorney in pursuance of these presents. Thank You
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1) on mother demise you have one fourth share in property
2) your sisters have not executed any registered relinquishment deed or gift deed for their share in property
3) POA ceases only father demise
4) apply for mutation of property in your na e
5) enclose registered gift deed or relinquishment deed of your sisters
Yes the same can be done by executing Relinquishment deed or gift deed
It appears that even though your father might have funded fully for the purchase of the property, he got the sale deed executed on joint names involving your mother and also mentioned she to own 87% of share in the property.
From this it can be seen that your father ws not an absolute owner of the entire property anytime.
Your mother's share in the property devolved equally on all her legal heirs i.e., your father , you and your siblings.
The special power of attorney deed gave in favor of your father by all the three has not authorised him to transfer the share of your sisters to anyone on his own.
Therefore the Will made by your deceased father is valid to the extent of the share of your deceased father alone and not beyond that.
Your sisters are entitled to one fourth share each out of your mother's 87% share in the property.
If you are desirous of getting their share in the property transferred to you and want to become the absolute owner of the entire property, then they may have to transfer their shares in the property by executing a registered release deed relinquishing their rights in the property.
This would enable you to become an absolute owner of the entire property with cl;ear and marketable title to the property.
The special power of attorney deed given to your father stands cancelled automatically upon his death.
Though the property is acquired by father and is in the name of mother to an extent of 87% and 13 % in the name of deceased father, in the hands of legal heirs it is now ancestral property in which all legal heirs have equal share which comes to one third to each. Under the circumstances you have following options to transfer the property in your name…
Dear Client,
As per the facts which have been provided, the Will made by your deceased father is valid to an extent of the share of your deceased father. Power Of Attorney ceases only father demise.
Thank You.
1. In the instant case, let your two sisters execute a registered Release/Relinquishment Deed in your favour in the jurisdictional Sub Registrar's Office. On the basis of the Release/Relinquishment Deed by your sisters' in your favour, you will become the sole and absolute owner of the property.
2. Based on your two sisters' Release Deed and your parents' death certificate, your name can be mutated in the revenue records of the jurisdictional Corporation/Municipal Office in which the property is situated.
