When you are the legal heir

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

November 18, 2022 05:58 pm | Updated 05:58 pm IST

We have two properties in Chennai — a flat and a plot in the name of my father, who passed away in 2018. We have the legal heir certificate that includes my mother, one sister and three brothers (including me). My mother has moved to Madurai (staying with my sister) and is unable to travel or move out of the house. I am the only one based in Chennai. How can I handle the sale of the properties in this case as my brothers are abroad. Kindly advice as there was no Will created by my father.

Joseph Raja Pillai, Chennai

In the absence of a Will, all the legal heirs have one-fifth share in both the properties. Your mother and sister can execute and register a Power of Attorney in Madurai, authorising you or any other person as their agent to deal with and sell their share in the properties. Similarly, your brothers can also execute Deeds of Power of Attorney in their respective locations and have the same notarised and sent to you. There will be an adjudication process in the local sub-registrar’s office for documents executed abroad. Once all these documents are in place, it is possible to deal with the properties in a way all of you deem appropriate.

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