subramaniamkumar (HR) 25 July 2013

Nri property

Dear sir / madam,

This is a property in chennai which was bought in early 70's and the property owner got settled abroad by giving a POA to my uncle stating that the income from the property can be utilised and taken any action on the porperty except to sell or mortgage.. Unfortunately the owner at abroad expired during early 80's. Their legal heir are the citizenship of respected country. We have communicated to legal heir during early 90's about the property and no one has responded neither intreasted in this property. Now it is almost 35 years and their is no input from the legal hier. Unfortunately the POA (My uncle) also passed away by giving POA in a stamp paper to me which is not registered. Can anyone advise what can I do to retain the porperty?

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7 Replies

Advocate Sastry (Advocate) 25 July 2013

The person who issued the POA has expired… The person in whose favour (your uncle) it was issued has also expired… Hence the POA is deemed as cancelled…. There is no value for the POA given in your favour by your uncle… Try to contact the present legal heirs of the property.

subramaniamkumar (HR) 25 July 2013

Thanks for your reply. If the legal heir are not the citizen of India and they are not intreasted in this property, then what will be the solution?

Advocate Sastry (Advocate) 25 July 2013

The legal heir is called as a Person of Indian (PIO)…. How you can say that he is not interested in the property… In such case ask them to execute a Gift Deed in your favour

subramaniamkumar (HR) 25 July 2013

many thanks for the reply and guidence. i will execute the same

k s malik (Manager ) 25 July 2013

Dear Sir

We have a property in New delhi , it was among 4 brothers out of which 2 were settled aborad , both the brothers at foreign location made a POA for one of the brothers in India to release propert to the fourth brother on their behalf

1) The POA was executed at foreign location ( But not attested at High commission of India at the location )

2) POA was received in India , Stamp duty was paid and a release deed executed and also registered in registrars office.

3) Now for Mutation of Property L & DO is asking POA must be attested by Indian high commission in that county is must .

Kindly guide what can be the way out of it .

Regards

Malik