• How can I buy a property when one of sellers daughter is abroad and unable to return anytime soon

I am buying an ancestral property, but one of the 2 daughters of the seller is settled in abroad and unable to return to India anytime soon. I am concerned it might cause peoblems if I buy without one daughter's signature on the docutments, how can approach this legally, is there any other way I can buy the property without having any problems in future.
Asked 3 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

Daughter can execute specific POA in favour of her sister authorising her to sell the property 

 

2) it should be attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
97512 Answers
7882 Consultations

Dear Concerned,

 

Please ask the seller to get a SPOA (special power of attorney) notarized at the stamped at the Indian Embassy at the said country in favor of someone in India and get it stamped in India to use is to get the property transferred.

 

Regards  

Atulay Nehra
Advocate, Noida
1313 Answers
58 Consultations

The daughter who is settled abroad may give a PoA to tge second daughter and she may sign her on her behalf after registering the PoA.

That would complete your sale without any glitches.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

You can ask the daughter living abroad to execute a "Relinquishment Deed" in favour of the other daughter (in India), which must be attested by the Indian mission abroad. For further queries regarding the matter, please feel free to contact me.

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

Hello,

  1. Even if the daughter concerned is unable to travel, she can get her NOC for the transaction attested at the Indian Consulate in the Country where she is currently and have it dispatched to the seller.
  2. With the sanction of the Registrar, you can try if a Power of Attorney issued by the daughter, attested at the Consulate can authorize the seller to sign on her behalf. If not, her part of the signature can be accomplished once she is available.

S J Mathew
Advocate, Mumbai
3602 Answers
175 Consultations

You are the buyer hence you have to be very careful about the legalities to be complied while buying the property.

You must obtain a proper legal opinion from a local lawyer and should proceed only if recommended.

If there are more than one owner, then it is pertinent that all the owners of the property have to execute the registered sale deed in favor of the prospective buyer jointly.

The sale deed executed without one of the owners not signing the sale deed is invalid and illegal in law.

If one of the legal heirs is not able to visit India to execute the joint sale sale deed then the missing owner can execute a  power of attorney deed duly attested by a notary public or an official of the Indian embassy/high commission of the country of her residence in favor of any close relative in India, who can sell  or sign the property documents/sale deed on her behalf as her representative/power agent. 

It is the responsibility of the vendor and not the buyer, you do not hurry in venturing for this purchase if the proper legal formalities are not complied with by the vendors. 

You insist the vendor to take proper legal steps as suggested otherwise you do not proceed with your proposal to purchase this property because without all the owners executing the sale deed, it may be a defective title to the seller, hence the purchase would be invalid and illegal with deflective title.

.

 

T Kalaiselvan
Advocate, Vellore
87714 Answers
2355 Consultations

Dear sir/ma'am,

the process can be executed by the POA, in case the person is residing abroad.

Power of Attorney is a legal document by which one person gives the right to perform or powers of transacting in matters relating to a property, banking, legal and judicial proceedings, tax payments, etc, to another person due to certain reasons like being out of the country, or getting old, or not able to look after one's presence.

 it can be used to give another person the authority to make health care decisions, do financial transactions, or sign legal documents that the Principal cannot do for one reason or another. ... It is precisely when persons can no longer do for themselves that a power of attorney is most valuable.

Anik Miu
Advocate, Bangalore
10386 Answers
121 Consultations

Legal heir of property can give Special Power of Attorney to her relative for signing NOC on her behalf at the time of registration. She has to draft SPA on Indian stamp paper of 100 rupees or on even a white paper giving power to her relative to sign on her behalf. She has to get the SPA attested by Consulate in the country in which she is living which  the consulate office will readily do. After that send the SPA to person named who will take it to the District Registrar who will validate it by putting her sign and seal on the document. Such person can validly give NOC for legal heir at the time of registration .

 

Ravi Shinde
Advocate, Hyderabad
4420 Answers
42 Consultations

1. One of the daughters' of the seller who is settled abroad can authorise her sister or father or mother in India through POA, to represent her in Sub Registrar's Office for executing the sale deed in favour of the buyer.

2.  In this way you can buy the property without any problem in future.

Shashidhar S. Sastry
Advocate, Bangalore
5457 Answers
330 Consultations

You will need noc or sign from another daughter too. She can create legal hassles for you in future

Prashant Nayak
Advocate, Mumbai
32869 Answers
209 Consultations

Dear Sir

You have to get relinquishment deed or special power of attorney of her then only you will get absolute right.

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
492 Consultations

This can be done.

 

She just needs to issue a power of attorney in favor of one of her family members who will act as her agent and represent her in the sale formality. POA can be issued from abroad itself. 

Vibhanshu Srivastava
Advocate, Lucknow
9690 Answers
312 Consultations

1. The said daughter can execute a POA favouring the other daughter staying in India to sign the sale deed for her.

 

2. The daughter staying abroad shall have to get the POA typed on stamp paper from India and get her signature attested by the appropriate officer of her local Indian Consulate for returning to the POA hollder in India.

 

3. The said POA holder in India shall have to get the said POA sent from abroad stamped by the stamp collector in India to make it valid.

Krishna Kishore Ganguly
Advocate, Kolkata
27512 Answers
726 Consultations

- If the said property is an ancestral property , then without taking the consent of all heirs , you cannot purchase the property as the Sale deed in your name can be declared null and void in future. 

- However, if that daughter is unable to come to India , then she can give POA in favour of any relative .

- Further, that POA should be notarized and attested from the consulate of India of that country. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer