LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

My grand­fa­ther gifted an im­move­able prop­erty to my sis­ter. I at­tested the gift deed as a wit­ness along with a fam­ily friend. Now our un­cle is try­ing to chal­lenge the deed. Can he do so on the ground that I be­ing a fam­ily mem­ber at­tested the gift deed as a wit­ness?

— Sau­rav Sharma You be­ing an at­test­ing wit­ness to a gift deed ex­e­cuted by your grand­fa­ther in favour of your sis­ter can­not be a ground for chal­leng­ing the gift deed. There is no bar on fam­ily mem­bers from be­ing at­test­ing wit­nesses to a gift deed.

My hus­band passed away some time back. He had be­queathed our house in Delhi to me through a will which is duly reg­is­tered. I wish to get the house mu­tated in my name with the mu­nic­i­pal cor­po­ra­tion. How do I do so?

— Sak­shi Ba­jaj You may send a notice to the rel­e­vant Delhi Mu­nic­i­pal Cor­po­ra­tion in Form B within six months along with the ap­pro­pri­ate mu­ta­tion fee and the fol­low­ing doc­u­ments, (i) Cer­ti­fied copy of reg­is­tered will of your hus­band (ii) Orig­i­nal copy of death cer­tifi­cate (iii) Your af­fi­davit as per form pre­scribed (iv) In­dem­nity bond by you as per form pre­scribed (v) Up-to-date prop­erty tax re­ceipts (vi) Rough site plan of the prop­erty (in case the site plan is not there in the file with the cor­po­ra­tion, it may be re­quired) and (vii) any ad­di­tional doc­u­ments the cor­po­ra­tion may ask for.

I live in the US and want to sell my prop­erty in In­dia. I want to ap­point my brother as an author­ity and have drafted and signed a power of at­tor­ney for this pur­pose in his favour. Can my brother now ex­e­cute the sale on my be­half or are there any le­gal for­mal­i­ties to val­i­date the power of at­tor­ney?

—Mo­hit Singh For such a power of at­tor­ney to be bind­ing and recog­nised by law, it should be duly ex­e­cuted be­fore and at­tested by the In­dian con­sulate or no­tary pub­lic lo­cated in the US as per the pre­scribed pro­ce­dure. Once the power of at­tor­ney is re­ceived in In­dia, it is re­quired to be stamped with the proper stamp duty payable thereon, within three months after it has first been re­ceived in In­dia.

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