Advocate Hema Srinivasan

Questions Answered by Advocate Hema Srinivasan

Q: The validity of POA notarized in the USA for sale of property in India

Hi, I would like to send a POA to my sibling for the sale of property in India. We are joint owners of the property. I am getting the POA notarized in USA from a notary public and also getting it apostilled here in the US. The embassy here said that India being part of the Hague convention. an apostille is enough and no embassy attestation is required if an apostle is done by the state officials here. My sibling will then register the POA at the registrar office and get the sale done. Please let me know if this is fine.

Advocate Hema Srinivasan answered
Yes. Apostille certification is sufficient as per Hague convention. It has been accepted in the past in various sub-registrar's office. Your sibling may also do a quick check with the sub-registrar's office to make sure they don't create any issues later.

Q: Uncle not giving legal papers of fathers property want to take action

My father's brothers were not giving my father property legal papers and property which belong to my father. My father has some health issues. Even both my father and mother asked them about property and it's legal papers they are not giving. Both my parents going to cross age of 58 still my father's brothers not giving property and it's papers to my father. What are the correct legal action we can take against them?

Advocate Hema Srinivasan answered
If the property is in your father's name, duplicate copies can be obtained from the SRO. If it is ancestral property, you can file for partition based on the EC, existing title documents, legal heir certificates etc.

Q: Can inherited property be sold

My property has been bought by my grandfather in 1948. Same had been partitioned during my father's time and half was settled to my father's brother. Now my father is no more and the property is in my name and mother's name. My sister's have gifted their part to me which is included in the land document. Now my mother and me want to sell this property. Can we do it. And one more question is that for selling this do I need to ask the consent from my wife.

Advocate Hema Srinivasan answered
From your query, since this is ancestral property, which has been partitioned, after your father, existing direct legal heirs have rights over the property i.e. your mother, yourself and sisters have equal share. Grandchildren who were there at the time of your father's demise also will get rights. If so their consent might be required.Since your sisters have provided a gift deed, your mother and you can jointly sell the property.

Q: Claim to property after the death of father

My uncle has been living in part of land on which we have two seperate houses, but it is under my grandfatjers name, so we pay alternate tax each year now, he's not good to us, has fought a lot with my family and has caused a lot of trouble to us. I believe my father built the entire house with his own money as he was the most educated and had a decent job abroad. My father passed away few years back and this uncle's wife came to us and asked for my father's death certificate which I refused to give, as I suspect they want to cheat us of our land, so now I'm thinking to drive them away from the land for good, but we don't own the land yet, it is still government land , we have yet to purchase it. My father has however left a power of attorney document giving my mother the rights , in the document it is clearly stated that my father is owner of the entire home and that he resides in part of it. I want to file a case against my uncle, what are steps I need to take?

Advocate Hema Srinivasan answered
1. It is not clear if the land is ancestral property, or if your grandfather has left a will. If not it will be owned by all the legal heirs. Then all the children and grandchildren will get a share.2. Not clear what you mean by saying that the land is government land and it has not been purchased. 3.The power of attorney given by your father to your mother is valid only during his lifetime and not after his death and might not be relevant for this purpose. You will have to approach a lawyer in light of the above and decide on the next steps.