Procedure for NRI to claim share in ancestral property in India

I am in the uk and have used an indian based company to carry out legal title search and physical search of family property. I want to bring legal proceedings and have been told to find an Indian family member or friend to act as my power of attorney. Is this necessary and if I don’t know anyone , how can I find someone to take this responsibility for me. Is there a solution for people like me who want to bring a claim from overseas.. .?

Answers (3)

139 votes

First of all if you want to sell out your property than there must be someone who can do sell deed in a legal way at registration office in India if u can not come here than u may give a power of attorney (POA)to any person from overseas for act on your behalf it is not like that only to your family members you can give POA you can give it in name of anyone whom you knows.

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186 votes

You can appoint someone who is residing in India preferably at particular jurisdiction / location where the property is situated in which your interest is vested. The power of attorney holeder must be faithfull person to you. It is not mandatory he is your friend or family member. You can also appoint any advocate as POA holder. But while preparing POA clearly mention in it that he would be authoried to take all actions except selling the property bearing your title.

You prepare a POA in whichever country you are living by a notary /attorney practicing there and send it to india. Here your appointed advocated would get it authenticated by concerned department of government of India; and Will do further proceedings in favour of you.

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123 votes

First of all to establish your share in the ancestral property, you need to establish your status as a legal heir either through succession certificate or through documents stating such. Then if there are many co-sharers to claim share, a partition suit or agreement pertaining to partition can be carved out. However, first the description of property and documents are to be checked for your apt resolution.

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