My dad passed away and left me and my siblings (my elder sister, my youngest brother and myself) with a house and land in India. After an year my brother too passed on. Now it is just me and my sister. We both are married and live in USA. I want to relinquish my share of the property mainly because I am afraid of all the dealings that need to be done back in India to get the property. Also my sister wants to keep the property and NOT liqudate it and share which again makes it harder to share it. She wants to keep the house as a vacation home and get pass books for the land which again means paying property taxes, maintenance expenses and all which I can not afford. I had not had too much luck with getting help from my in laws except for the fact that they want me to get half of the property. They also mentioned that I should keep the house and my sister should keep the land, which even my sisters’ in laws say they want my sister to keep the house and give the land to me….My in laws want me to apply for Adhar card online and see if I can do dealings online from USA which is not as easy as it looks. To get away from all this drama I have decided I want to leave my share too to my sister. But my sister DOES NOT WANT ME to relinquish my share and wants me to pay for property taxes and house maintenance and want help with taking care of the land which are all impossible for me as I am unemployed and live with my husband. My husband said he should not be involved in this as it is not his issue… So I want to give my decision legally to my sister that I want to leave my share as she is making emotionally hurtful gestures about me not caring for my dad’s property…Can you please tell what legal documents should I acquire for the same and can I get those documents for relinquishing my share in USA?
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You have to execute relinquishment deed for your share of property in india
2) it should be stamped and registered
3) relinquishment deed cannot be executed in USA
4) you can execute specific POA in favour of family member from USA to execute relinquishment deed on your behalf
5) .it should be attested before Indian consulate
1. You can execute a registered Release /Relinquishment Deed for your share in the house and land in favour of your sister.
2. If it's not possible for you to come to India for executing the deed, you can authorise through POA your sister or one of the blood relatives to execute the Release/ Relinquishment Deed for your share in the land and house in favour of your sister in the jurisdictional Sub Registrar's Office in India in her favour.
You can execute a Relinquishment deed in favour of your share to other legal heirs in the said property
- As per law, after the demise of your parents intestate , the property would be devolved upon all his legal heirs equally i.e. your elder sister , youngest brother , and you will have 1/3rd share in the property
- Further, the share of the deceased brother can be claimed by his legal heirs
- Further, any of the legal heirs can release their respective share in favor of other by way of relinquishment deed.
- Hence, you can release your share after executing a registered Relinquishment deed .
- You can give POA to any relative in India , for registering the said deed in the office of the registrar on your behalf.
- However, that POA should be notarized as per rule of US , and attested from the consulate of India.
You need not come to India to sell/purchase/gift/relinquish/receive gift of immovable property. Any immovable property can be sold, purchased or gifted by person residing abroad through Special Power Attorney. 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 receive gift of immovable property 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. With the validated SPA the person named will relinquish property to your sister by putting his signature on relinquishment deed. You sister can follow the same procedure for giving spa to her friend/relative to sign on relinquishment deed and recipient of property.
Neither you want to take care of the property nor your sister is willing to take care of your share in the property.
Besides, your sister do not want you to relinquish your shares but pay the property taxes periodically.
In such a situation it would be better that you both enter into an amicable partition between you both and get allotted with the property that you both may decide. If you are allotted with the lands alone, then you can either let it out on lease/rental agreement or can sell the same to the prospective purchaser.
If the above idea is not feasible, then you can execute a General power of attorney deed in favor of any close relative back in India duly notarised by a Notary public in USA, send it to the selected power agent, who in turn will get it adjudicated before the concerned registrar back in India, after which he or she can execute the registered release deed relinquishing your rights in the entire property on your behalf.
Instead of thinking alone about all such things, y9ou can better contact any advocate of this forum or outside and talk to the chosen advocate to get more clarity and suggestions on what can be done in furtherance.
You get your share in the property by way of succession.
in such a property you have only liability to pay property tax and building tax as per your share in the property. For that
Property tax is levied on the ownership of any real property. In India, property tax is levied on all real estate, which consists of improvements made to land, such as buildings or land attached to buildings.
Usually, vacant plots of land without an adjoining construction are not liable to be taxed.The matter being so why your relinquish your share in the property.
You can relinquish your share to any close relative by way of relinquishment deed .Execute a registered Release /Relinquishment Deed. For that, you may execute a power of attorney to a blood relative .He can execute the relinquishment deed on behalf of you . better contact any local advocate
To legally relinquish you share in this property, you will have to execute a release deed in favor of your sister in India.
The above is not possible unless you come to India or else, you have the option of giving power to your agent situated in India; who intern can perform the legal formalities on your behalf in India.
