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UHello, I am seeking guidance on selling my late father’s property in India. My father passed away six years ago, and we were unaware of his estates in India until recently. My mother and I have no intention of residing in India. My father’s siblings and I, who all hold Overseas Citizenship of India (OCI) status, are in agreement to sell the property. However, my mother does not have OCI.
The property was inherited by all four of us (including my mother) through succession.
1. Can my mother, as a non-OCI holder, legally transfer her share of the property to me?
2. As a non-OCI holder, is my mother legally permitted to execute and sign the sale deed, given that her name is included in the property title?
3. We attempted to apply for OCI for my mother, but her application was rejected on the grounds of ‘no blood relative in India.’ However, I am her child and hold OCI status.
4. Do property laws vary from state to state?
If anyone has experience handling such matters, I would appreciate any legal advice or guidance on the best course of action.
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JLawyer here,
You’ve not mentioned which state the property is situated in since property laws differ state to state. Also, the OCI status of your mother does not affect her title and interest in the property. It can be transferred but the details need to be worked out.
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