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Capt RK Sharma (Lecturer)     29 August 2026

Procedure of registration of lease hold -ancenstral property in own name

My father built a kothi on a lease hold plot in Noida in 1990. As per regd WILL the property is acceded to three children after death of Father and Mother(both expired now). I am Indian resident, whreas both my brothers are FGN nationals (NRI).

(1)How can i get property transferred in my name and keep it and thereafter pay the brothers their share as per valuation of the property.

(2) or get property transferred in the names of all three children and then sell it.(brothers reluctant in travelling to India due to various personal reasons)

(3) Plot was issued via a central govt samiti and Noida Authority as per share certificate.

Your expert advise is most welcome.



Quick Summary
This discussion covers the process of transferring a leasehold ancestral property in Noida to your name, following your parents' passing and according to their will. It addresses options for transferring the property solely to you and compensating your brothers, or transferring it to all three siblings before selling. The advice highlights the need for a Special Power of Attorney (SPA) for non-resident brothers and recommends consulting a Noida-based legal expert for navigating the Noida Authority's mutation process and leasehold rights transfer.

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     29 August 2026

As both or your parents have passed away, the property automatically devolves upon all three children in equal shares (1/3rd each) as per the registered Will. Since the plot is a leasehold property under the Noida Authority (originally allocated via a society/samiti), the transfer process requires navigating both legal property transfer (registration) and administrative transfer (Noida Authority Mutation / Transfer of Leasehold Rights).

If your brothers cannot travel to India, they do not need to come in person. They can execute a Special Power of Attorney (SPA) in their country of residence, attested by the Indian Embassy or Consulate  in favor of  close relativge in India. to fdollow the procedures to transfer their rightful shres in your favor by a registered relese deed. 

You transfer the agreed-upon valuation payout (2/3rd of the property value) to your brothers via standard banking channels (into their NRE/NRO accounts in compliance with RBI / FEMA guidelines).

First you Submit an application to Noida Authority to mutate/transfer the leasehold rights jointly in the names of all three children (1/3rd share each) based on the Will and Death Certificates.

Confirm whether the property is still on leasehold or if a freehold conversion scheme applies. If it remains leasehold, Noida Authority’s approval for transfer of leasehold rights is mandatory.

Property documentation and cross-border POAs involve specific legal drafting. It is recommended to work with a legal professional in Noida specializing in authority transfer matters. 

 

Capt RK Sharma (Lecturer)     29 August 2026

Thanks sir for your expert advice. I will soon contact a lawyer or advocate.

Dr. J C Vashista (Advocate )     30 August 2026

Very well explained, opined and advised by learned expert Mr. T Kalaiselvan, I endorse and appreciate his acumen.

Find out whether the property is still on lease-hold or free-hold in the records of NOIDA and proceed accordingly. 

Obtain surviving members (legal heir  / representative) certificate  of your parents from area Tehsildar/ SDO.

Apply to NOIDA for mutation of the property in the name of all three siblings as per NOIDA rules on the subject.

If your brothers are willing to relinquish / gift /sale their respective share(s) of the subject property in your favour, let them get a Relinquishment /Gift / Sale Deed executed and registered through their attorney (local) if they are unable /reluctant to travel to NOIDA for the purpose. 


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