Noc affidavit from a us citizen for transfer or property ind

 

(Querist)
28 December 2018

Hi

There is a property in the name of my uncle who passed away recently.

They have only one son who is a US Citizen and does not want to have a share of the inherited property and is currently in India temporarily.

Hindu Law applies here and There is NO WILL

The parents of the deceased are not alive The only family members are : Deceased, Deceased's wife, their son, their daughter in law, their grand-kids who are well below 10 yrs of age (I assume the grand-kids need not to be involved here as they are minors)

The process for the transfer of Khata is :
Transfer property jointly in name of deceased's son and wife (all the legal heirs)
(or)
Transfer property in name of a single family member with an NOC affidavit from the other legal heirs (No Gift deed needed)

In this case, to transfer the property to deceased's wife name, the authorities will demand an NOC Affidavit from the other legal heir i.e, the son who is A US Citizen
Hence, can he provide an affidavit on an Indian Stamp paper sworn in front of an Indian Notary even though he is a US Citizen?
(or)
Should he get the affidavit done in US local state, get it notarized and Apostiled there and Attest it by Indian Embassy and send it to India?

Also, do the same rules apply for a general Power of Attorney (POA) as well ? (For other transfers like Electricity, Water Supply etc)

Thank You


Vijay Raj Mahajan (Expert)
28 December 2018

Affidavit given in USA can be notarized and appostiled in USA and sent to India. The same stands good for giving Power of attorney. The Indian Embassy in USA will attest the Affidavit or POA only for Indian citizen not US citizen and for US citizen the local notary public in USA can do attestation of both the affidavit as well POA. Appostiled stamping will be done there and the Notary Public there in USA can get that process also. Nothing more is required from the US citizen son and he need not come to India for all the process of transferring name in the property or revenue records in India.

KARTHIK RAO V (Querist)
28 December 2018

Thank You sir for the reply.

The son is in India currently and is ready to give an affidavit before he travels back to US.

Hence, can he provide an affidavit on an Indian Stamp paper sworn in front of an Indian Notary even though he is a US Citizen ?

Thank You

Vijay Raj Mahajan (Expert)
28 December 2018

Yes he can do it in India.

Vijay Raj Mahajan (Expert)
28 December 2018

Yes he can do it in India.

Vijay Raj Mahajan (Expert)
28 December 2018

Moreover he must be holding OCI or PIO status that legally authorize him to enter the property transactions in India.

KARTHIK RAO V (Querist)
28 December 2018

Thank You

However, I feel he would not be entering a property transaction as he is just providing an NOC / Affidavit which states that he does not want any share in the property / other assets like vehicle which is now in the name of his deceased father, and is enough for the authorities

Please let me know if i am wrong


Dr J C Vashista (Expert)
29 December 2018

I agree and appreciate acumen and advise of expert Mr. Vijay Raj Mahajan.
The son can execute a registered PoA for all movable and immovable property inherited by him. However, his wife has no share in the property left by deceased i.e., her father-in-law.

Kumar Doab (Expert)
29 December 2018

You can benefit from above.
As posted in other thread also initiated by you; the son can sign while in India.
If the process of LOCAL authority has provision for transfer of khata as posted by you on the basis of said NOC/Affidavit alone ( NO gift deed neede as posted by you) then IT is upto you to consider.
However in future say; a lender, buyer may press for registered relinquishment/gift deed etc

Depending upon your preferences you may proceed as deemed fit.

M V Gupta (Expert)
29 December 2018

If the objective is to get the property transferred in the name of deceased's wife, mere affidavit from the son who is the other only inheritor, would not be sufficient. An affidavit does not have the legal effect of transferring the title in property. Only gift or release deed can effect the transfer..



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