My father passed away recently and we have decided to sell out the ancestral house. There are 5 legal hiers - 2 of us are in India and other 3 are citizens of foreign countries (US, Switzerland). My question is : 1. Is OCI card mandatory for those 3? 2. What are the documents they need for this sell? 3. Without applying OCI, can this sale happen if they give POA to us ? 4. How can they take money back to their country ?
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You have to apply for mutation of land in name of 3 legal heirs
2) enclose copy of death certificate of deceased father
3) latest receipt of payment of property taxes
4) if no objections are received mutation would be done in name of legal heirs
5) OCI is not mandatory for 3 foreign citizens
6) they can execute POA in your favour
7) POA should be attested before Indian consulate
Can they fo this remotely or they need to be physically in india ? What is the most hesslrfree way to complete this?
POA can be executed abroad for sale of property but it has to be attested before Indian consulate
personal presence in India would not be required
1. The identity proofs of your siblings residing in foreign countries I'd essential
2. The documents to prove the title of the sellets namely, if inherited from whom, documentary evidences, tax receipts, mother deed, link documents, mutation records, death certificate of previous owners, legal heirship certificate of the deceased predecessor, all other relevant documents pertaining to the property.
3. Yes, you can go ahead.
4. You may ask them to follow the guidelines provided by RBI in this regard.
They can either be physically present here to transact in person or can delegate powers to a power of attorney agent in India to carry out the task on their behalf.
Dear sir/madam,
As you are going to transfer the title of ownership, please ensure that you have all the required documents like the will, the death certificate, khata certificate record of tax payment (very important so that the new owner is only liable o pay taxes) original purchase deed(as it is an old property) identity proofs like passport and PAN card with you. The OCI card is not necessary here. A form 60 can be filed in absence of PAN card.
With regard to your question. a POA an be made and that will be sufficient for you to sell the property. Thank you,
Three brothers are very much citizens of India but reside overseas. They have all the privileges of citizen. It is privilege not restriction.
Three brothers are very much citizens of India but reside overseas. They have all the privileges of citizen. It is privilege not restriction.
- As per law, after the death of your father , the property would be devolved upon all legal heirs equally.
- Hence you all 5 having respective right to sell and transfer the same after executing sale deed in favour of purchaser.
- Further, if your 3 are unable to come to India , then they can execute GPA/SPA in favour of any relative in India , after noterization and attesting from consulate of India in that country.
1. No, it is not mandatory
2. Any identity proof , like Aadhar card , Passport etc
3. Yes , as i mentioned above
4. They can receive amount after following RBI rules.
1. Yes
2. OCI and POA in favour of the person who would represent them in India while selling.
3. No
4. In usual way.
Hi, If the 3 legal heirs resided in the Abroad can give Power of Attorney to legal heirs there in India. Through the Power of Attorney they can sold the property.
1.to 3 OCI card is mandatory for registering a deed of conveyance.
4. Money can be taken abroad with the permission of RBI.
1. They can appear before the Registrar and register a POA in favour of any one in India.
2. Based on the said POA, its holder can further register the deed of conveyance in connection with the said property.
1. No it's not
2. Legal heir certificate in absence of the will.
3. Yes.
4. Through remittances or NRI account if any
