We have a property with 5 legal heirs upon my Father's demise and all the legal heirs (siblings and mother) are willing to relinquish their rights and make me the sole owner for the property. The catch here is we all are based in US and 1) what are the options for my siblings to provide a NOC or a Relinquishment Deed from US ? 2) Which is a better option in this case - NOC or Relinquishment Deed that could pose the least amount of risk? 3) How to prove that the legal heirs are the ones providing the NOC (with us all not being in India) ? 4) What is the usual timelines for Mutation Certificate in Telangana ? 5) What other options do I have if this is not possible from US?
Mere NOC dies not amount to relinquishment of share in property
2) deed of relinquishment has to be executed duly stamped and registered
3) if they are unable to come to India they can execute specific POA in favour of family member to relinquish share in property
4) POA should be attested before Indian consulate
Mutation of property, registration of relinquishment deed can be done through SPA from abroad.
1. Let your mother and 4 other siblings execute a POA in favour of one of the blood relatives or if no blood relative lives In India, then to a non-blood relative, who would execute a registered Release/Relinquishment Deed in your favour in the jurisdictional Sub Registrar's Office in India, thus making you the sole & absolute owner of the property.
2. Release/Relinquishment Deed through POA.
3. By virtue of passport copies in which the parents' names are provided on the last page of the passport or by furnishing a certified Genealogical/Family Tree.
4. Not competent to answer the query regarding timeline for mutation certificate to be obtained in Telangana, as I am based in Bengaluru, Karnataka.
5. POA is the best solution.
1. All the shareholders can mutually decide to relinquish their rights in the property in favor of one among them. After that they can execute a registered release deed relinquishing their rights in the property.
If one or all the others are not able to travel to India to execute this registered release deed, they can choose a close relative back in India to whom they can entrust the task of executing the registered release deed on their behalf by appointing the chosen relative to be their power of attorney agent while authorising this power agent to carry out the said task on their behalf.
They can execute a power of attorney deed fro their countries of residence duly notarised by a local notary public or duly attested by an Official of Indian embassy and send it to the chosen power agent by a sealed cover, who will then get the same adjudicated before the concerned registrar and would execute the desired document in favor of the chosen shareholder.
2. There is no question of giving NOC to relinquish your rights in the immovable properties, it has to be released only by executing a registered release deed.
3. You people have to obtain legal heirship certificate by applying for one jointly before the concerned revenue department containing/mentioning the list of legal heirs to succeed to the estates of the deceased who is reported to have died intestate.
4. It may take at least a month or more.
5. Read the first answer above.
- As per law, after the demise of your father , his property will devolved upon all the legal heirs equally i.e. all siblings and mother , and each will have 1/5th share in the property
- Further , any of the legal heirs can release his 1/5th share in name of others after executing a registered relinquishment deed.
1. A registered Relinquishment deed
2. reply 1
3. The legal heirs who are going to release their respective shares in favor of you , should execute a POA in favor of any relative or nearest one , and the said POA should be notarized as per rule of US and attested from consulate of India.
4. After getting relinquishment deed from other legal heirs , you will be the single owner of entire property and then you can apply for mutation in your name ,and it will take short time.
5. as above.
Dear Clients,
This relinquishment deed would require adequate stamping and registration, the simplest situation would be that they visit India and physically signs the relinquishment deed and completes the procedures at the local registrar’s offices, an alternative can be considered. A power of attorney can be executed from the local embassy overseas for appointing a representative who can carry out the execution of such relinquishment deed in your favor.
Thank You
All the legal heirs need to execute a special PoA in favour of a trusted relative or friend in India for the purpose of relinquishing their respective shares in your favour. The special PoA has to be carefully drafted by a lawyer specifying all the relevant details. It has to be either notarized or attested by the Indian Embassy/Consulate in the USA and sent to the power agent in India. Within three months of its arrival here, it has to be adjudicated at the land registry within whose jurisdiction the property lies. Then, the power agent may proceed to execute the deed of relinquishment (which also has to be carefully drafted by a lawyer specifying all the relevant details) in your favour and register it on behalf of all his/her principals.
It's better you execute mutation deed and finish the topic
