I have redevelopment n release deed related question
09-Mar-2025 (In Property Law)
Our society is going under redevelopment. After dad ' death , we three siblings and my mom have equal share in property. Cos dad din leave any will written on mom's name.
Now since society is going under redevelopment, chairman of society told one shud be holder of flat. Now to make my mom holder of flat. We need to do release deed.
For release deed we are ready to give up our shares to mom.
But the problem is my brother stays in Scotland.
Earlier he told he is ready to give. He sent signed papers through watsup of poa ( power of attorney)
To sign on his behalf since he can't come.
But now lawyer is saying that pdf of poa signed won't be valid. Need attested embassy poa.
But brother is saying he don't have time to go embassy.
He says he will come wen he has time
But since time n days are passing by and chairman is saying we won't be able to get to sign da agreement and won't get rent. And corpus fund.
After your father's passing, the property is equally shared among you, your siblings, and your mother, as he left no will. With the society undergoing redevelopment, the chairman has requested that one person be designated as the holder of the flat. Your family is willing to make your mother the holder, requiring a release deed that involves all siblings giving up their shares.
However, complications have arisen due to your brother residing in Scotland. Although he initially agreed to relinquish his share and sent a signed Power of Attorney (PoA) via WhatsApp, your lawyer has stated that this document is invalid without proper notarization and embassy attestation. Your brother is reluctant to visit the embassy due to time constraints, and this delay is putting your ability to sign the agreement and receive rent and corpus funds at risk.
To navigate this situation, you might consider an alternative solution: obtaining a notarized special General Power (GP) and a succession certificate in your mother’s name. A succession certificate can legally establish your mother’s right to inherit and manage the property, potentially alleviating the need for your brother’s immediate involvement.
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.
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