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I’m going through the sale of the property of our late father, who passed away in 2018. We have done the property’s mutation in the name of my mother, elder sister and myself (we are two siblings). My sister has moved to the UK, where she is working and residing. We have a buyer in India who has given an advance for the property and needs a power of attorney for the progress and to finalize the deal. I would appreciate your guidance on the same.

—Shashank

As per the details provided, we understand that your mother, elder sister and you are the only legal heirs of your deceased father, who are the co-owners of the subject property and now selling the immovable property to a buyer. It is assumed that the consideration in the proposed transaction would also be divided among you all three.

Since your sister is residing in the UK, she will have to give a specific power of attorney, which is required to be apostilled in the UK (a kind of attestation). The power of attorney may be granted by your sister either in favour of your mother or yourself, for the purpose of executing, admitting execution and registration of the sale deed and then at any time thereafter to present and register the sale deed and other documents relating to the sale of the subject property.

Once the apostilled power of attorney is brought to India, it would require to be stamped and signed with the appropriate stamp duty as per the applicable state Stamp Act. This power of attorney will then be required to get the sale deed to be executed with the prospective buyer and registered before the concerned office of sub-registrar having the appropriate jurisdiction.

Aradhana Bhansali is partner, Rajani Associates. Queries and views at mintmoney@livemint.com

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