1) if house is in father name and he is in coma you cannot sell his property
2) you need court orders for being appointed as his guardian and court permission to sell his property
Will bequeathing
We are a family of 4 (mom, dad, sister and me). My sister is a US citizen and rest of us are Indian nationals. She also has her OCI (Overseas Citizen of India) and PAN card. She does not have Aadhar or Voter ID in India. My dad is in coma and the house is in his name in India. We may have to sell the house and use the proceedings to finance his medical care and needs. Will the court accept a Power of attorney form my sister (stating that she has no objections in selling the property for above cause) Kindly advise.
Asked 3 years ago in Property Law
Religion: Hindu
9 Answers
If the house is in your father's name, he cannot sell it now as he is in coma, you say. Neither of you-your mother, your sister or you- can sell it when the property stands in your father's name. The question of succession to his estate arises only after his lifetime. In the circumstances, obtaining a PoA from your sister at this stage is futile.
True Ajay. Suppose the court gives permission to sell, then it would need a no objection from my sister right. If so, my sister is a US citizen and does not have Aadhar or Indian Voter id card. She has only OCI card. How can she then be able to give a GPA (no objection to sell) that Indian court accepts. Rest of us are Indian citizens and reside here in India.
Asked 3 years ago
Yes she can send you poa attested from the embassy for the same
She can execute affidavit that she has no objections for sale of property
it can be attested before Indian consulate
similarly POA can be attested before Indian consulate
The proeprty of the person who is alive cannot be sold by others including the so called legal heirs.
The question of his legal heirs or successors in interest comes only after is lifetime.
Now since you want to sell the property to take car of his medical expenses, you may have to obtain permission from court of law as a court appointed guardian to the medically and mentally unfit person to sell his properties to take care of his medical and other expenses.
For that you may have to file a petition under section 19 of the Mental health act, 1947 before court competent along with medical certificate to establish that he is mentally challenged or in the coma stage hence need constant medical attendance and to appoint a guardian to take care of him, his properties and to sell them to meet hi medical expenses.
In this process, your sister can appoint an advocate back in India to represent her in the court to express her no objection to the application that you would be filing seeking to appoint court guardian and also to subsequently sell the properties of the disabled person to meet the medical expenses incurred to take care of him.
You have misinterpreted the law in this regard.
You may go through the contents of my previous post of the same thread.
your sister as one of the children of your father can give no objection only to get yourself appointed as court guardian and not for selling the property lying on his name.
You may have to obtain court permission to sell his properties on the basis of the court appointed guardian.
You do not need to obtain no objection from your sister or mother in order to sell the properties lying on your father's name once the court has passed a decree permitting you to sell the properties lying on his name in the capacity of court appointed guardian in order to take care of his medical and other expenses out of the sale consideration amount.
1. Your sister, who is in US, can authorise you or your mother to execute the sale deed, on her behalf, by appointing one of you, through POA.
2. The POA to be executed by your sister may also authorise either you or your mother to execute a Relinquishment Deed in favour of the remaining legal heirs, on her behalf.
3. The Court may likely to accept the POA/Relinquishment Deed from your sister in selling the property in question.
The option of getting a court order is always there. But, your priority would be to look after your father, rather than attend court proceedings. You have to move the court to get an order of appointment of the guardian of your father who is coma now and for sale of the property on his behalf. You may raise money from relatives, friends or well-wishers now to meet the medical expenses, with the promise of settlement once the property is sold either by a court order or after your father's lifetime.
- Since, the father is alive , then none having right to sell the property which is in his name legally , except court order.
- Hence, for selling the same , you can file a suit before the court
- Further , the legal heirs who are living abroad can execute POA in favor of any relative in India for appearing and approaching the court on their behalf.
- This POA should be properly notarized as per rule of US , and further attested from the consulate of India.
