Your property-related legal queries answered by Rank Associates, a law firm that primarily deals in these matters
My father bought a vacant plot from his earnings and died without making a will. Now, one of my sisters wants to construct a house there. Can the other legal heirs give her a release deed? Must all the executants and witnesses be present, along with their IDs, for the registration? One of the sisters is an NRI. Can she sign a release deed and Special Power of Attorney and send it to India for registration? Does this need to be typed on stamp paper or on plain paper? Does it need to be signed by the Indian Consulate?
S. Ramanarayanan, Chennai
If the intention of the other legal heirs is that one of the sisters should become the absolute owner of the plot and entitled to put up a house there, they can execute a Deed of Release in her favour. All the releasors have to be present in the Registrar’s office with their IDs to complete the procedure of registration. It is possible for your sister who is an NRI to appoint an Agent either for both execution and registration of Release Deed or only for presenting the Release Deed and registering the same, if the same is signed by her at her place of residence.
A Power of Attorney executed abroad has to be on plain A4 size white paper, typed one side. The same has to be signed in all the pages by the Principal and attested by a notary public or by the authorised official in the Indian High Commission. The same has to be adjudicated (stamped) in the Registrar’s Office having jurisdiction over the residence of the Agent or location of the property.
This has to be done within a period of 90 days from the date of receipt of the document in India. The presence of the Agent is required both whilst adjudicating the Power of Attorney as well as during registration of the Release Deed.