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Power of Attorney

Registered or Notarized GPA to obtain Legal Heir Certificate

My father passed away in April this year. He owned three properties in Hyderabad, Telangana, all registered in his name. As he did not leave behind a will, I am currently in the process of obtaining a legal heir certificate through the court to facilitate the transfer of these properties to my mother, sister, and myself. However, I live and work in the USA and will not be able to attend the court proceedings in person. Therefore, I intend to execute a General Power of Attorney (GPA) in favor of my mother, authorizing her solely for the purpose of representing me before the court or any competent authority in connection with obtaining the legal heir certificate. Please note that this GPA will NOT include any authority to sell, lease, or otherwise transfer ownership of the properties. Given this situation, I would like to clarify: Is it necessary for the GPA to be registered, or would a notarized GPA be sufficient for the court to process the legal heir certificate? Your guidance on this matter would be greatly appreciated.

( Hyderabad, Telangana )

3 weeks ago

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A.
Dear Client,
Unless a General Power of Attorney(GPA) is registered under the Registration Act, paying the requisite stamp duty and registration fees, the document will have no legal validity or enforceability and will be inadmissible for all purposes for lack of its evidentiary value. Further, be informed that based on a standalone legal heir certicate, the Court shall not transfer the intestate property of your deceased father, unless a civil suit for partition of the said property is filed by the legal heirs before the jurisdictional Civil Court to obtain their share in the said property based on decree of the Court passed in the partition suit. If required, consult with an Advocate for tailored advice and steps.
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