NRI Property
Amit Shah
(Querist) 22 January 2018
This query is : Resolved
My aunt and her husband was born in India however they are now US citizens. Her husband died 3 months ago and he has an ancestral property in India. Her brother in laws are asking for her power of attorney to transfer her share on her name. Is this the correct procedure or please tell us what would be the best thing for her to claim her property. She doesn�t know if the property is on all the brothers name or only her husbands name.
Guest
(Expert) 22 January 2018
So far as POA is concerned, it is a matter of mutual trust between the parties. Nobody can say anything on that aspect. However, since it is a matter of transfer of property, being a risky affair, better get the matter settled personally through some local lawyer by visiting India.
Vijay Raj Mahajan
(Expert) 22 January 2018
The first thing is to clarify if the property in question is ancestral or self acquired, this is important to clarify the number of shareholders/co-owner in the property along with the deceased uncle.
The POA for aunty is required for what purpose? Is it to replace the name of uncle from the list of the co-owners of the property and make the aunty one of the co-owner or make her exclusive owner of the property.
Secondly POA is in India is misused by the attorney getting it by selling the property and misappropriating the funds received after the sale. So this issue should also be very clear while making any Power of Attorney for property transfer cases from the foreign country. A neutral Indian Lawyer is best person to draft the power of attorney for such cases keeping in mind the various issues involved in the property fraud cases that happens in India.
P. Venu
(Expert) 22 January 2018
Please confirm the purpose for which the PoA is sought. If the purpose is benign, such as partition of property, the same could be drawn up specifically for the purpose.
Kumar Doab
(Expert) 22 January 2018
It is believed that all involved are Hindu.
The personal law, succession laws that apply in your case may matter.
Confirm!
Kumar Doab
(Expert) 22 January 2018
Check in person with concerned official in O/o Authority under whose jurisdiction property falls e.g; Naib Tehsildar in MC, Patwaari and obtain copy of mutation records with all link docs………. The situation shall be clear to you, on sole ownership etc .
If land records are available online in the state, check online.
Kumar Doab
(Expert) 22 January 2018
In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.
In case of Hindu woman the nature and source of property matters.
In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..
If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.
If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband.
The property from mother’s side is not ancestral.
You can determine the share of each legal heir accordingly and see how and how much gets vested in each legal heir in case of NO WILL, or if probate of WILL (If some WILL surfaces to dazzle you) fails and succession sets in.
The process and procedure to get share updated in mutation records is simple.
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.
The authority shall update share as per provisions of personal law that applies in mutation records.
The authority under whose jurisdiction property falls has a set procedure for such matters if WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements…………and authority may ask for NOC from legal heirs (other than beneficiary) and/or ask to release advt in newspaper inviting objections if any and/or write to legal heirs to submit objections if any in a set time……
The authority shall update share as provided for in the WILL/ personal law that applies in mutation records.
By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner. The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.
The legal heirs may also opt for amicable family settlement (narrating the WILL in it if WILL has surfaced) and register IT and IT can end scope for any future litigation.
Kumar Doab
(Expert) 22 January 2018
You may prefer to discuss in person with a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue matters having a successful track record….and show all evidences of all record with you ….for a considered opinion…..
The LOCAL counsel have LOCAL rapport and can get the records also for you.
Such counsels are properly informed on such matters, have latest notifications, rapport and apt at handling such matters…
Visit in person and resolve and close the matter in person, preferably.
Obtain the copy of updated mutation records.....
If you are not inclined to retain the property/share you are at liberty to dispose...
