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NARENDRA SINGH GURUNG (Sr Manager)     15 January 2013

Release deed

Please, advice if anyone residing in Nepal want to release his/her share in the property in Dharamshala (H.P.), what is the procedure for getting is completed without that person coming to India. 

This is because the person who is living in Nepal is very old (80 plus) and do not want to travel India.

Property mutation details:

Sibblings...

Daughter A

Daughter B

Son A

Son B

Son C

Now Daughter A and B want to transfer their share to Brother C. But they are not in position to come to India. Please advice how this mutation process can be completed as per Indian Law of Land, without these sisters to come to India.

Appreciate your kind response in advance...



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 January 2013

They'd have to authorise somebody (other than the beneficiary) as an attorney/agent to execute the relinquishment on their behalf - and then get it registered, follwed by mutation. This attorney has to be executed, notarised by Indian Consul at Nepal and then registered at HP. Followed by execution of the necessary documents. 

Good Luck !

 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia

jayakumar.R (ADVOCATE & LEGAL CONSULTANT)     15 January 2013

BHarathji is correct

NARENDRA SINGH GURUNG (Sr Manager)     15 January 2013

Bharatjee, Appreciate your kind advice! I wish to clear following points as I am a layman and do not understand the technical terms like-

1) What do you mean by Authorising some one? Do you mean I need to hire a legal consultant in Nepal?

2) What do you mean by Indian Consul at Nepal? Who is this person?

3) I would appreciate if you can more kind and explain the procedure in more detail...

Regards

Narendra Singh 

9717767810

NARENDRA SINGH GURUNG (Sr Manager)     16 January 2013

 

NO TRANSFER OF PROPERTY IN INDIA USING POWER OF ATTORNEY

In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court of India held that the GENERAL POWER OF ATTORNEY method of immovable property sales is not a valid form of transfer of property.

 

 

 

 

 

 

 

 

 

A three-judge bench presided over by Justice R. V. Raveendran in the matter of Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana & Anr. said that property can be lawfully transferred only through registered sale deeds.

 

 

 

 

 

 

 

 

 

"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.The apex court said there can be no mutation of property in municipal and revenue records on the basis of such documents.


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