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Need advice regarding acquiring property in Mumbai, India
28-Apr-2025 (In Property Law)
Hello, I am a US citizen, and my aunt is from India. My aunt back home in India wants to transfer her house to me after her death. She has made her will and also put me down as a nominee for her house. I have a couple of questions:
Do I also need a POA, besides the will?
I don't intend to sell the house; it will just be a transfer from her name to mine. What do I do here in the US, and what does she do in India?
Thanks
Theresa
the will made by your aunt is sufficient enough. after her death u will need to obtain a probate of the will to get the property transferred in your name in India. who has been made an executor in the will, has to file for obtaining probate. u can contact me if u have any further queries.
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Adv. Jenal Bharat Busa
Mumbai | 100+ Answers
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If your aunt has made a valid will in India naming you as the beneficiary, then the property can be transferred to your name after her death through probate proceedings in Indian court. A nominee designation helps but does not override the will. A Power of Attorney (POA) is not necessary unless your aunt wishes to transfer the property to you during her lifetime. In India, she must ensure the will is registered and legally sound. In the US, you do not need to do anything unless you are required to submit documents to Indian authorities after her passing.
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Adv. Vikrant C Deshpande
Mumbai | 5+ Answers
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Well, after the death of your Aunty, you need to go for Probate of the Will. You need to file a Probate Petition before the concerned High Court to certify the Will. Once done with getting Probate, you will be able to transfer the Properties in your name.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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