1. You can apply for encumbrance certificate in the office of tehsildar. The debts may be of different character. If the property is mortgaged it may not necessarily reflect in the EC. To get a comprehensive report on the marketability of the title you should conduct a title search in the office of sub-registrar through a local lawyer.

2. If the property inherited by you and your brother is undivided then it can be sold only with the consent of all heirs, failing which you may file a suit for partition to cull out your separate share.

3. The debt against the property can be enforced against the legal heirs who have inherited the property/

1.This point is not clear to me.

2.Yes, if you give a registered PAO to any of your relatives in India then the proeprty can be sold on your behalf and its sale proceed can be distributed between you and your brother's family. Howeevr their consent is necessary for this.

3. If the debt is secured debt then the bank can auction and sell the property to recover the debt. hence the nature and extent is debt requires to be known.

Unless you come out clear on the details of debt/nature of case etc no proper advice can be given.

1) You have to come to India ti sell the property

2) In alternative you can execute specific POA in favour of relative

3) POA should be attested before Indian consulate

4) relative can on receipt of POA register it in India

Has any creditor filed any suit for recovery of money ?

2) your liability is limited to extent of property inherited by you

3)you would not be jailed in India

After the death of father his legal heris become the absolute owners of the property. This is means the property inherited to the legal heirs by way of succession .So the status of the property is joint owner property. If any of the legal heirs want to separate or sell his share then only remedy is sell or separate the property with the consent of others. Otherwise he has to move the court for partition for getting his share.

So the personal appearance or presence is must things for filing a case or registering the document even otherwise execute a power of attorney to close relatives for executing the same for him.

If you are not come here it is not possible to move further action as per your wish. This is purely civil cases no threat for jail or criminal proceedings against you. Taking an encumbrance certificate with regard to the property shows the legal debts over the property.Encumbrance means charges in the ownership or liabilities created on a property that is held against a home loan as security. An EC consists of all the registered transactions done on the property during the period for which the EC is sought.

1. There is no department in Govt of India who will certify that there is no debt against your said inherited property.In case there is debt of your father for which he has mortgaged the said property, its original title deed will be deposited with the lender for creating equaitable mortgage on the said property.If you find the original title deed of the said house is with you, then it is evident that no mortgage has been created on the said property/house.

2. You can sell the property from abroad and in that case you shall have to register the sale deed before the local Indian consulate. You shall have to pursue the appropriate officer of your Indian consulate since inn most of the cases, the staff refuse such registration due to ignorance.

3. If you have got the original title of the property, then there is no debt by mortgaging the property. if the property has been mortgaged with a Bank, you shall have to take its written consent to seel off your share of the property to repay the debt of your father or ask the Bank to realise the debt by selling off the mortgaged property.

1. You shall not be summoned to the Indian court for your father's debt.

2. If your father's debt with a Bank by mortgaging his property is established/found, then send a letter to the Bank by attaching the evidence that you are the beneficiary of the mortgaged property based on the will of the mortgagor, asking the Bank to recover the dues of your father by selling off your share of the mortgaged property by initiating SARFAESI proceeding.

1. you can sell the property without others consent but after making partition of the properties.

2. after the partition your share will be demarcated so you can sell it otherwise other can oppose on the ground that joint family property is being sold by you.

1. you can get full information about loan, mortgage or other liability over the property from 12 years record from the revenue department.

2. you can hire an advocate, he can obtain such record on your bahalf.

1. Legally there is no way to find out the debts your father incurred hence you may have to wait for the emergence of the creditors claiming the indebted amount. Even your family members may not be having full knowledge of the credit details of your father if he has not reveled them in writing before his death.

2. Since you are entitled to a share in the property you have rights to sell our share of propriety to anyone of your choice. However if there is a claim by any creditor, then the shareholders have to jointly discharge such loans since they have inherited the properties of the deceased debtor.

The decision can be taken jointly for the mode of discharge of the loan amount.

3. The creditors may file recovery suit in the court and this property let behind by the deceased debtor may be brought to auction by an order of court as a result of the money recovery suit for discharge of loan amount to the extent that is available in the sale consideration amount and the balance if any shall be distributed to the successors

There is no family member I trust in India to give POA to. Due to health restrictions, I cannot travel to India to settle this matter. I have been told by other relatives that I may be summoned to court in India and jailed if I do not adhere, is this possible? What are my options at this point?

The opinion given by the relatives are just nothing but their own imaginations. Since you are a legal heir and are entitled to a share in the property of the deceased, you are equally liable to repay the debts along with the other shareholders who have acquired their share of the properties left behind by the deceased.

This is a civil case, the creditors shall avail the facility by bringing the properties left behind by the deceased to auction if the legal hers are not willing to repay the same.

The creditors cannot do anything if there is no property lying on the name of the deceased and legal heirs cannot be held liable to repay the same if they have not inherited any property of the deceased.

There is no question of jail or arrest on this civil matters.