• Father deceased | All(4) Siblings and Mom outside India and wanting to sell property owned by Father

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?
Asked 3 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

10 Answers

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 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

  1. You need not come to India to sell immovable property. Any immovable property can be sold, purchased or gifted by person residing abroad through Special Power Attorney.
  2. Procedure for sale: The procedure is, draft a special power of attorney on Indian stamp paper of 100 rupees which is available in all countries  or even on white paper giving SPA to any of your relatives/friend to sell the property, all legal heirs should sign the SPA.   Go to Indian consulate/high commissioner and get SPA attested which  the consulate official will readily do. Send the SPA to the person named, he will take the SPA to the District Registrar who will validate it by putting his seal and signature. Fee for validation of SPA is 1 % if it is given to blood relation if given to other person it is 2% of government valuation of the property. With the validated SPA you property can be sold by person named and proceeds can be deposited in your account.
  3. For sale of property you need all original title deeds with proof of possession of property.
  4. Procedure for mutation: execute GPA following same procedure but to carry out mutation of property. There has to two document giving power, SPA and GPA.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

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 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

-  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. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Dear Client, 

You can execute a Power of Attorney and take the following steps-

  • Execute a valid power of attorney authorizing a trustworthy person to complete the transaction on your behalf
  • Open an NRE/NRO Bank account to receive the proceeds of the sale
  • Carry out all the necessary paperwork related to the sale of the property, such as a sale deed
  • Understand and pay the necessary taxes to avoid any penalties that may arise from unpaid taxes.

Thank You

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Yes you can sell the same with poa and sale deed

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer