Do you know that a relinquishment deed can be sent from abroad? Yes, it can, but why, when, and how can a relinquishment deed be sent from abroad? Every other question you have, we will address in this article.
A legal document through which a person surrenders his/her right of ownership in a property in favour of another person who happens to be a co-owner of the property. In nut-sell, If your father dies without a will, then as per Hindu succession law, you and your siblings will acquire an equal right in the ownership of the property. A relinquishment deed sent from abroad will be required if you or your sibling is willing to give up his share in the property in favour of one another, as the case may be.
When Will a Relinquishment Deed Be Required to Be Sent From Abroad?
Obviously, If the person willing to give up his ownership of the property lives outside India and The property is situated in India or under such Judiscition to which Indian laws apply.
How to Send a Relinquishment Deed From Abroad?
Sending a relinquishment document straight away from outside India is a bit challenging since the person is willing to give up the ownership of the property. This property document must sign the deed of relinquishment in the office of the registrar in the presence of at least two witnesses. However, It is not impossible. As per the Indian legal framework, A person who cannot act in his own capacity on a legal matter can appoint a valid power of attorney who can act on behalf of that person and can bind the person who has appointed him.
If you are staying outside India and have to execute a financial transaction or deed within India to which you are one of the parties. You can give the power to sign the deed to any person who you think is trustworthy and could rely on his due diligence.
Step 1: Draft the power of attorney deed online, or you can hire a lawyer in India to draft it for you. Make sure you delegate only limited power in favour of the other person. That could be enough to carry out the execution of the relinquishment deed.
Step 2: Get the power of attorney deed attested from the Indian embassy or consulate where you live. Any Notary Public from the country where you live can also attest to it.
Step 3: The person doing the deed should sign all the respective papers in the power of attorney deed.
Step 4: The attested document should be sent to a known person in India in whose favour the power of attorney deed shall execute through registered post acknowledgment due.
Step 5: At last, the person who receives the attested deed shall get it registered from the local registrar or divisional magistrate office in India by paying the prescribed fees, which may be different for each state.
Once the power of attorney deed is registered in India, the known person can act on your behalf to sign a relinquishment deed and get it registered to execute the deed.
How is it Hassle-Free to Send a Relinquishment Deed From Abroad?
It is worth noting that a power of attorney deed is a precondition to executing a relinquishment deed when it is from abroad. A person who is holding a valid power of attorney has the power to sign on behalf of that person in India. The legal base in India for both the deeds are same. Both the deeds are required to register under section 17 of The Registration Act, 1908 through the office of the registrar since there is a transfer of a legal right to another person. In the case of the power of attorney deed, There is the transfer of legal signatory right, and in the case of relinquishment deed, there is a transfer of ownership of a property.
To put it simply, here is what your journey will look like assuming that you are the one who is willing to give up your right to the property to your siblings or relative –
Step 1: Draft power of attorney online or hire a lawyer to draft it for you. Now, get it attested from the Indian embassy where you live and send it to a person that you trust, someone from your family other than your sibling, to which favour relinquishment deed will be executed in India.
Step 2: Meanwhile, Ask your sibling to draft a relinquishment deed in favour of himself.
Step 3: When the other person receives the power of attorney deed, stipulate him to get the power of attorney deed registered.
Step 4: Your sibling will get the relinquishment deed registered from a sub-registered office where the other person who holds a power of attorney shall sign on your behalf.
In these four easy steps, a relinquishment deed can be executed without your visit to India and could be an ideal process to transfer your ownership of the property if you live abroad
Conclusion
At last, to conclude everything about relinquishment deed cannot be created outside India right away, but there are legal processes to execute a relinquishment deed without your visit to India. We have described all the ways through which your journey can become as simple as it can be. However, in the process of drafting a power of attorney in favour of a known person, never pass an absolute power to handle your every affair in India. Such an act may harm your financial interest for your properties in India if the person holding an absolute power of attorney may want to misuse it. Thus, transfer a limited right to sign only relinquishment deed. With that note, I hope you enjoyed reading it all. A lot of effort went into it to make it easy to read and understand for you. Learn about this with more in-depth details from experts and professionals of Vakilsearch.
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