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Ravi (Blah)     14 December 2008

Transfer of property

Hi, My father expired about 15 years ago and we never transferred our house on my mothers name. The property tax etc are already on her name. Now we are planning to sell the house and apparently we were told that the property has to be transferred. We are planning to transfer the property to my moms name. We are two brothers. I live in US and my brother lives in Delhi. We were told that both of us have to show up in the court. I don't want to travel to India just to show up in the court. Is there any way (like power of attorney, some other document) our house can be transferred to my moms name without me being present in the court. Please let me know. I would really appreciate it. Thanks Ravi


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 5 Replies

Sushil Kumar Bhatia (Advocate)     15 December 2008

The property left by your deceased father& under sucession your three persons mother and two brothers became owner of equal 1/3 share in the said property If you want to sell the property execute a power of attorney in favour of your mother name give her right to act on your behalf to sell the property.

Ravi (Blah)     16 December 2008

 Thanks

RohitChhaba (n/a)     17 December 2008

dear power of attorney to sell will require stamp duty....simple way is draft stamp paper duly att'sed by public notary (U.S.) that u dont wanna share in property....send it to india.now your mother can sell this property

sanjeev murthy desai (Advocate)     26 December 2008

Mr. Ravi,


Notarised  Power of Attorney along with Deed of Declaration are sufficiant to sell the Property  along with your house to your mother.


the said Power of Attorney and Deed Declaration need to pay the stamp duty of Rs.100/- in jurisditional District Registrar office in India.


Sanjeev desai


 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     31 December 2008

 I do agree  with Mr. sushil kumar bhatiaThe property left by your deceased father& under sucession your three persons mother and two brothers became owner of equal 1/3 share in the said property If you want to sell the property execute a power of attorney in favour of your mother name give her right to act on your behalf to sell the property.


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