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Indian Law/Reg property transfer from Father to daugter

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Question
Hi, Our family is of two daughters and one son,father and mother.I am the elder daughter and live in USA.Now my father  is planning to sell his "N" acres of agriculture farm land and am planning to buy.
i am married and none my brother and sister are married.

Question#1: Is there a way where I can register in my name without coming to India.
Question#2: Are there any other problems legally on this?

Answer
Thanks for your referral.

To answer your questions:

Question#1: Is there a way where I can register in my name without coming to India.
Answer: Yes. For this purpose you may make a Power of Attorney in favour of some person resident in India whom you trust. It would be advisable to get such Power of Attorney notarized (or apostle) and consularised in USA. Such person, may thereafter act on your behalf to complete the formalities in relation to the transaction. Suggest to confirm this with a reputed local civil lawyer in India where the property is situated as there can be some other local (i.e. in the state in India where the property is situated) requirements (like stamping, registration etc) about such Power of Attorney.

Question#2: Are there any other problems legally on this?
Answer: No. You should ensure that in the end the property stands in your name in the governmental records i.e. Municipal records in case of urban property and Tehsildar (Patwari)'s records in case of village property. Suggest to get a confirmation to this end from the said reputed local civil lawyer and also get a copy of proof of governmental property records by way of Property Card/ Index II issued by Municipality in case of urban property and Village Forms 7/ 12 Extract from the records of Tehsildar (Patwari) in case of village property.

Trust, this assists. You may share this with the local lawyer and proceed accordingly.

Best Regards.  

Indian Law

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Rajeev Dewal

Expertise

Indian Law relating to Banking and Financial Transactions. Kindly read instructions on "Ask the Question" page before asking a question. Kindly note that the replies here are by way of general information and not to be taken as legal advice nor the same form any client attorney relationship.

Experience

Over 20 years as In-House Counsel and banker with International, Private and Public Sector banks in India.

Organizations
Currently, Head- Legal, RBL Bank Limited, India (see web: http://www.rblbank.com/).

Education/Credentials
BSc, LLB, CAIIB.

Awards and Honors
University Prize- LLB Examination, Distinction- CAIIB.

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