87+ Lawyers are online 
Change of ownership from younger brother to elder brother
28-May-2023 (In Property Law)
We have two small plots adjacent to each other that my sister (A) currently owns. We contributed the money together. I (B) bought them a few years back on her behalf. Since we are siblings, to lessen the paperwork, I agreed to put the ownership of the plots to her name with the intention that we would eventually split up our shares & own each.
Now, we want to split the property as intended. My sister (A) would transfer the second plot's ownership (farther from the street) to me (B) while she maintains the ownership of the first plot.
This is a simple transfer/splitting of property between two mutually agreed siblings who are also adults. The legal questions I want to ask are -
1. Will it be possible if the legal transfer of the said plot occurs without the physical presence of X?
Since she resides abroad in Europe.
2. Will it be okay if X put all her signatures in the legal papers while at home, and leave the papers before she leaves India?
Thanks.
Dear queerest,
Answering to your queries in a chronological manner:
1.yes, the transfer of the property can be done without the physical presence of your sister through the special power of attorney granted in your favour or in your name to execute the documents on her behalf.
2.Yes either you can fax the documents for her signatures to Europe which will be accompanying the special power of attorney in your name to take these documents to the registry and get it registered on her behalf. I would recommend you to be ready with two witnesses known to you for the registration process.
Helpful?
15+
15+
Adv. Yuganshu Sharma
Delhi | 700+ Answers
Chat
No, she cannot do it. only way to do it is she assigns someone as her attorney. which she can do from europe as well and that person can sign the paper on her behalf.
since physical presence is essential if you don’t do above mentioned procedure as you would require to be present before the sub-registrar
Helpful?
17+
17+
Adv. Tanishq Panwar
Delhi | 25+ Answers
Chat
Hello I have perused your query. In these circumstances your sister can simply mutate the said property in your name. By mutating the property , the new owner gets the property recorded on his name in the land revenue department and the government is able to change the property tax from the rightful owner .
However if she lives abroad, she can appoint any person as her attorney via agreement to do the needful on her behalf. In this case her physical presence will not be required.
For any further information feel free to reach out to us.
Thank you
Helpful?
18+
18+
Adv. Love Kumar Soni
Goa | 400+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
