Mutation of property has to be done in name of legal heirs
2) you can then execute specific POA in favour of family member to sell the property
3) POA has to be attested before Indian consulate in USA
My father expired last year and we all siblings are planning to sell the properties owned by my father. My Dad condition was unexpected and he never signed a will on the property. We all siblings and Mother agree to sell the properties 1) Can we (Siblings+mom) give General Power of Attorney (GPA) to a relative to sell the property owned by my father. 2) If so, what is the process and documents needed? 3) We live in USA and Can we execute the GPA from US? 4) What are our options/recommendations right now?
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Mutation of property has to be done in name of legal heirs
2) you can then execute specific POA in favour of family member to sell the property
3) POA has to be attested before Indian consulate in USA
Thank you sir. What is the process for this ? (Mutation of property has to be done in name of legal heirs )
Approach local revenue authorities for mutation of property in name of legal heirs
2) enclose father death certificate
3) latest receipt of payment of property taxes
4) legal heir certificate
5) affidavit of legal heirs
6) indemnity bond
if no objections are received mutation would be done in name of legal heirs
1. it has to be a special power of attorney. depending on which relative the poa is given, stamp duty will have to be paid.
2. the buyer may require a legal heirship certificate or letters of administration
3. yes can be done. you need to sign before the Indian consulate and public notary
4. as above
- As per law, after the demise of your father intestate , his property would be devolved upon his all legal heirs equally , including mother.
1. Yes, you can give POA to a relative for selling the property
2. Execute a POA
3. Yes, this POA should be notarized as per rule of US , and further it must be attested from the consulate of India.
4. If any legal heir is living in India. the POA should be registered from the office of Registrar.
- Further , before selling the property , you can apply for getting mutation of the property in the name of legal heirs.
Each of you need to execute a specific PoA (it has to be suitably drafted by a lawyer) in favour of your relative in India (for selling and registering the property), assuming you live in different places in the USA. Alternatively, you may jointly execute a single specific PoA also. Get it either notarised or attested by the Indian Consulate and send it to your relative in India. Then the power agent has to get it adjudicated by the land registry under whose jurisdiction the property falls. Afterwards, the power agent can very well sell the property.
Dear Client,
You can execute a Power of Attorney and take the following steps-
Thank You
1. You, your siblings and your mother can sell the property jointly by executing a sale deed jointly in favor of the prospective buyer.
If one or all the shareholders are not able to appear before the concerned registrar for performing this task of execution of sale deed, then a general power of attorney deed can be executed in favor of a close relative who would perform this task on behalf of the principal.(s).
2. The original title deed lying on the name of your deceased father, his death certificate, the ,mutation records, the tax receipts and all other relevant records pertaining to the property that are available on his name would be some of the documents.
3. Yes, you can.
4. Before selling the property to the prospective purchaser, it would be essential thta you people get the property mutated to your names jointly through the concerned revenue department and after that you can proceed with the proposed sale of property.
All the legal heirs have to first obtain a legal heirship certificate from the revenue department by submitting an application signed by all along with the copies of the death certificate and the property document, once the legal heirship certificate has been obtained you may once again jointly apply for mutation of revenue records from your deceased father's name to your names, by attaching the legal heirship certificate, death certificate, copy of the title deed and the taxes lying on the deceased owner's name.