Vijay (Self) 26 January 2013

Division of ancestral property

Hi,

My wife's brothers and mother decided to hand over a part of ancestral property to my wife as her share. The ancestral property is from her father side and her father expired few years ago. What options are available to get that piece of property registered in my wife's name?

One of my wife's 24 year old nephew is in USA. Is it necessary for him also to sign any paper work? Since getting power of attorney is a cumbersome and time consuming process from another country, can we get a declaration from him on stamp paper (duly notarized) that he will not make any claim to the above property?

Thanks,

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2 Replies

Goutam Prasad (Advocate) 27 January 2013

If the property stands in the name of your wife's father, wife's nephew is in no way have any right over that and hence he need not sign any papers.

Goutam Prasad
Advocate
Supreme Court of India

Mob: 9810753838

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Vijay (Self) 11 February 2013

Thank you, Goutamji. It is good to know that that my wife's nephews need not sign the papers. One of her brothers also expired recently, and his son is 23 years old and lives in India. Is it sufficient if his wife signs the papers or should his son also need to sign?

Thanks,