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property in india owner in US where should will be registered
16-Apr-2023 (In Property Law)
My uncle (a Hindu) bought a flat in 1993, in Kaushambi, Sahibabad, Ghaziabad.Flat is in his name;he is sole owner. He became a naturalized US citizen in 2013, and has an OCI card now. Lives in US with his son, and cannot travel to India due to bad health Q1) Can he sign power of attorney to someone in India to sell his house? Should POA be attested by the Indian Embassy in Washington DC? Q2) Is this sufficient for POA holder to sell property on his behalf? Q3) He has a will but not registered. Is it necessary to register his will? If so, should it be registered in the Indian Embassy?
Hello,
He will have to get the power of attorney authorized in US itself and then he will have to dispatch it to the concerned person here in India. Then that person will have to go to SDM/ commissioner office to get it authorized as per the provisions of power of attorney act.
Yes after 2002 will is required to be registered but that cannot be done without him.
Regards
He will have to get the power of attorney authorized in US itself and then he will have to dispatch it to the concerned person here in India. Then that person will have to go to SDM/ commissioner office to get it authorized as per the provisions of power of attorney act.
Yes after 2002 will is required to be registered but that cannot be done without him.
Regards
Helpful?
15+
15+
Adv. Anilesh Tewari
Lucknow | 200+ Answers
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Q-1 Yes your uncle can send Power Attorney from abroad duly attested by consulate there in favour of any person in India.
Q-2 Yes Attorney Holder can sell the property on his behalf in India
Q-3-It is not necessary but optional to get the Power of Attorney registered. Though Registered document has evidentiary value as a secondary evidence. Yet it can be proved by giving evidence of attesting Witness.
Q-2 Yes Attorney Holder can sell the property on his behalf in India
Q-3-It is not necessary but optional to get the Power of Attorney registered. Though Registered document has evidentiary value as a secondary evidence. Yet it can be proved by giving evidence of attesting Witness.
Helpful?
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Adv. Surendra Gandhi
Ghaziabad | 25+ Answers
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