Q.885 Can will probated in US be

valid in India for the sale of

property

Dear Sir, First of all, I am very impressed by your site and your detailed answers and guidance to readers’ question. I hope you will be kind enough to answer my questions here. 1. We purchased a property in 1986 in Mumbai out of NRE funds and it is in joint names of myself and my wife. 2. She is survived by me and our two adult daughters, We are all US citizens of Indian Origins. My daughters were born in the USA. 3. By God’s will, my wife passed on month ago and now I am looking answers to following questions to be able to sell the property in India without any legal hassles. a. I am the sole beneficiary of her will. If I don’t survive, then my daughters are next. Do my daughters need to give me POA to be able to sell our property in India. Her legal will is probated in the US court. b. I believe I don’t need a OCI card to sell the property which we bought in 1986. (ref Q412) c. I believe I must have PAN card to repatriate the sale proceeds to the USA (ref Q412).. How to apply for a PAN card from the USA. d. I will have to transfer property shares (as it part of Society) to my name only from joint ownership. Do I need to probate her will in India to transfer the society share certificate in my name and then sell the Bungalow. Can society demand the probating of her will in India. What is the applicable law? e. If I understand correctly, I must open a NRO account in India to deposit the sale proceeds and the repatriate out of that account. Is this correct ? (Q412). f. I will personally go the India to make a final sale and sign the papers. Do my daughters also need to go with me ? Regards, Suresh S Agrawal Answer: Yes! You do not need OCI to sell your property in India and while a PAN card does make it easier to some extend when selling inherited property in India, for a non-resident the option in the absence of a PAN is that the NRI can submit a completed Form 60 to the registrar office. [Sample Form 60] Information on getting a PAN Card is available at: http://nriinformation.com/articles3/pan_card.htm When going to India you it might be prudent to take whatever documents you can to ensure that you are not stranded in India waiting for additional documentation from the United States. Here are a few suggestions to consider: Consider A lawyer’s services to get this sorted out. Generally housing societies in India have a nomination process and if this nomination in your name exists it would help. Transfer of shares procedure can vary from society to society, while housing societies can be at times very cooperating and then again sometimes quite difficult to deal with. Unless an owner is well known to the society management, some societies may opt to take the safe route and refuse to act on transferring shares until they get a court order to transfer. Contacting the society prior to departure and seeking clarification on the documentation that they require to transfer shares to your name may be a route to consider as this will ensure you go prepared In addition to transfer of shares to your name, you will also need NOC from society. They usually charge for such documents. Generally once probate is granted in foreign jurisdiction, Indian Courts will grant permission in the form of ancillary probate usually issuing a letter and attaching a copy of the foreign probated will. However in matters where immovable property is concerned, this may not be true and probate in India may be required. When going to India try and get all your documents attested by the Indian consulate in your area. Take No Objection Certificates (NOC) from your daughters in case they are not going to India with you. Repatriation of sale proceeds of property are indeed done via NRO accounts. Since payment is made in Indian Rupees the funds go into NRO account and can then be repatriated as per rules in effect.