How to help relatives back home to carry out mutation, bank account transfer, inheritance in India for Overseas Indians : International Travel Ban 2021

 

How to carry out necessary inheritance, mutation, contracts, deeds, Power of Attorney in India if you’re stuck overseas due to International travel ban ?   Read On.

In the pandemic times and with the international travel ban a lot of people from Indian origin are stuck overseas and unable to meet their loved ones in times when they most need them. Due to unprecedented deaths a lot of overseas Indians are facing issues of documentation and procedure with respect to Mutation, inheritance of immoveable property, bank accounts, financial assistance, sale – purchase, will, adoption etc.

This article has been written after much research of relevant laws and judgments, latest trends, real court experience on this issue. Therefore, it will be crisp and will only answer queries without getting into further complicated nitty gritty and jargon that confuses general public. Leave the legality to me, here are your answers  : - 

Do you want to nominate your close relative to carry out government documentation on your behalf such as registering mutation in government records, effecting inheritance of properties, giving NOC to bank to release money from bank accounts of diseased persons, sale – purchase- lease – gift of immoveable property, attending court cases, adoption ?

In the pandemic times and with the international travel ban a lot of people from Indian origin are stuck overseas and unable to meet their loved ones in times when they most need them. Due to unprecedented deaths a lot of overseas Indians are facing issues of documentation and procedure with respect to Mutation, inheritance of immoveable property, bank accounts, financial assistance, sale – purchase, will, adoption etc

Your best option under the prevailing circumstances is to get a Special Power of Attorney [SPA] drafted, vetted through expert lawyers in litigation. A General power of attorney will only unnecessary delays and over acceptability by administrative and judicial authorities. For example for appointing a close relative or friend to attend court hearings on your behalf, it has to be an SPA specific to that particular case and court.  

For effecting mutation and change in record of rights before Urban Development authorities, Municipal Authorities, other Govt departments, Revenue records, it is always better to have a SPA detailing schedule of properties.

For inheritance of monies in Bank Accounts,  change of nominee or other related transactions, it is best to have a bank specific SPA. The more specific your Power of Attorney, its purpose, detailing, more its acceptability.

You need a SPA as opposed to GPA with respect to all above issues more so if you want to appoint an attorney to lease- sell- gift- purchase – etc a property owned by you or youre a deemed owner by virtue of inheriting the same under existing laws will have more acceptability with the Authorities and will make the job of your advocate and agent easier and faster.

Is SPA – WILL a compulsorily registrable document ? No.

You don’t need Stamp paper for SPA or Will. It can be on plain A4 paper, legal paper, Letter.

Do you need to notarise ?  Yes, goto your local notary where you are presently situated abroad. They will attest and stamp the documents for you. You will need 2 witnesses, their Govt ID ( preferably Indian – if you have a few friends/ colleagues – this is just optional not a necessity). Just to add that extra authenticity to your document you can request the notary officer to give a self attested copy of their enrolment certificate/ Identification number with which they have been called to the Bar.

 What does apostille mean ? Is it necessary ? Is notary good enough?

The local Consular office or Embassy can attest the documents for you certifying the authenticity of the documents and identifying you. However, due to the pandemic sometimes this process is stopped altogether in some locations or sometimes they agree to do it through courier service. Goto MEA website or website of your local Consular office and try the service of E-apositlle.

Aposittle is the most preferred attesting procedure globally and by India authorities however, even a notarised document will suffice in the event of unavailability of apostille service in the Consular.  

How do I find out if India has reciprocal treaty with the country you are resident in ?

Goto the MEA or your local consular website and check Gazette notification of Government of India which talks about reciprocal treaty under Notary Act. Some of the countries are Belgian, USA, UK, Portugal.

It really depends on the temperament of the receiving Govt authority ( administrative, judicial) as in my experience, one judge denied acceptability of notarised SPA from Sri Lanka by son in name of widowed mother but in the same case, another judge took cognisance of the same SPA and allowed further proceedings. It may be noted that we do not have reciprocal relationship with Sri Lanka. However, in pandemic times, courts and authorities are taking lenient view. If you can satisfy them with authenticity of the document and attesting witnesses and executant. Then in all probability your work will be be faster.  

For lawyers, you can get better insight by reading the below mentioned sections :-

1.      Section 3 :  Diplomatic and Consular Officers Act, 1948

2.      Section 14 : Notary Act

3.      Section 57, 85 :  Indian Evidence Act.

4. Indian registration act

5. Indian stamp act.    

6.  Hague Conventions

7.  Reciprocal Treaties between 2 countries available on MEA, Consular website.  

All copyright belongs to the Author, Gauri Neo Rampal

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https://youtu.be/SHxhiKMuAng 

Video on the same issue is here.