I jointly owned a flat with my wife and had made our daughter as the nominee. My wife passed away recently, so does this make me and my daughter the joint owners? Also can I sell it by taking the POA from my daughter as she is not in India? If this is the case, does the POA have to be registered? If yes, should it be done in India itself?
Answered on November 08, 2017
Nomination does not bestow title to property. After the demise of your wife, you and your daguhter become the joint owners of her share in the property (if there are no other children/heirs). You can obtain a General POA from your daughter for sale of the property. The POA can be executed by your daughter abroad before the Indian embassy and then forward the same to India for adjudication and payment of stamp duty. A POA executed in aforesaid manner will not be required to be registered.
