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How does a hindu ancestral property divides
11-Jan-2023 (In Property Law)
My question is about the division of a house belonging to my paternal Grandfather. The house is located in a very busy street of Kolkata the floor area is 1440 ft^2. The property has 3 legal heirs. One is my father who is alive, the 2nd being my paternal uncle who has passed away leaving behind his wife & 3 sons (2 sons are NRIs). The third legal heir is another paternal uncle of mine who has also passed away leaving behind two sons (one is an NRI). We have agreed to the proposal of a developer who is ready to buy our property in return he will give my father an apartment with floor area 700 ft^2 & for the other two families he has agreed to pay Rs 12 Lakhs each to both of them. Now my question is since 3 of the sons are NRIs how is it possible to obtain their consent without them coming back to India physically? Is there any legal mean by which we can obtain their consent (which they are ready to give) without them physically coming back to India?
Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. so i am not sure from the above mentioned facts that it is ancestral property.
However since your main query is regarding the need to acquire consent from parties living outside in India, let me address that directly. What you can do is acquire a power of attorney from them and give consent on the basis of such poa. It will be well advised to ask them to issue written instructions for such power of attorney via mail so that they can't refuse it at a later stage. Under sec 33(c) if the principal at the time of execution of poa does not reside in India, a power- of- attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice- Consul, or representative of the Central Government.
So you must ask your cousins to get the poa's notarised by the respective consuls in their countries.
However since your main query is regarding the need to acquire consent from parties living outside in India, let me address that directly. What you can do is acquire a power of attorney from them and give consent on the basis of such poa. It will be well advised to ask them to issue written instructions for such power of attorney via mail so that they can't refuse it at a later stage. Under sec 33(c) if the principal at the time of execution of poa does not reside in India, a power- of- attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice- Consul, or representative of the Central Government.
So you must ask your cousins to get the poa's notarised by the respective consuls in their countries.
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Adv. Saptarshi Banerjee
Kolkata | 25+ Answers
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The legal Heirs who are residing in abroad have to execute a registered special power of attorney in their respective countries in favour of you to sign out or make any agreement in respect of their share in the flat and forward the same in India through the consulate general of India at those respective states in which they belong and in lieu of those power of attorney you can able to make a contract with the Contractor or developer representing those legal Heirs who are NRI
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Adv. Bibaswan Mukherjee
Barasat | 100+ Answers
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