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Manimishmm (none)     14 January 2021

Mumbai property law question: joint property of 3 brothers. can 2 sell their share? and 3rd after lockdown?

PROPERTY LAW QUESTION: Hello, my brother in law has 2 siblings. All 3 jointly own a property in MUMBAI, which they are looking to sell. One brother is in UK, but due to recent lockdown having forced the Indian embassy into shutting till the 20th Feb 2021, he is unable to send the Power of attorney to his siblings in Mumbai to make the sale. This is a time sensitive matter. The two brothers in India need to make the sale ASAP because they’ve got urgent financial and medical commitments. My question is: can the two brothers in India sell their share of the property, and once lockdown in UK is lifted, the third brother can send the POA to sell his share? If this is possible, what are the documents and procedures required to facilitate this? Thank you so much in advance.


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 3 Replies

G.L.N. Prasad (Retired employee.)     14 January 2021

All this depends on the purchaser and his understanding.

Manimishmm (none)     14 January 2021

Thank you tor replying but that really does not help my query.

Dr J C Vashista (Advocate)     15 January 2021

Both of them may sell their share and wait for PoA from the person stated to be locked down in UK, if the purchaser / sellers agree.

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