S Verma (CEO) 12 September 2012

Power of attorney from relative abroad

Hi,

My mother and her sister are legal heirs to a joint property which is in Uttarakhand. However my mother's sister, since she is in Canada, is not interested in it and wants my mother to get the mutation done in her name. What all documentation does she need to send/sign for not being a party to the mutation ?

If that is not possible and her name has to co-exist, what all documentation she needs to send/sign so that the sale can happen without her physical presence ?

Please advice,

Regards

S V

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 12 September 2012

For Mutation purposes an NOC executed by her notarised by Indian Consul in Canada should do, if not a relinquishment deed executed before the Indian Consul and subsequently registered at sub registrar of place where property is situated.

If the property is to be sold straightaway then she might execute a power of attorney in her sister's name - again the same procedure of execution and registration.

Good Luck !

Bharat Chugh

*Advocate Supreme Court of India

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