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land acquisition

(Querist) 02 February 2011 This query is : Resolved 
my clients father has purchased a property which is now acquired by the Govt. My clients father is no more and the legal heirs are laos residing aborad. The amount is now in court. can anybody help me with teh process to claim the amount by the legal heirs
Guest (Expert) 02 February 2011
It is presumed that you have taken steps to notify the Court that the Plaintiff (Claimant) is dead and included the heirs of him as plaintiff.

On the basis of Legal heirship Certificate, the claim (by way of Execution Petition of the 'Decree awarded' by the court) can be done. The amount can be deposited in a Joint bank account. As you have revealed that some of the legal heirs are abroad, they can execute General Power of Attorney appointing a particular Plaintiff to act on their behalf and receive the claim amount. Further to this (GPA), the heirs residing abroad have to swear an affidavit (duly counter-signed by Embassy Officials) and such Affidavit is to be filed along the E.P.


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