Can OCI give power of attorney in India?
My father died intestate, without a will, our Kandivali west, Mumbai flat is a residential flat in a CHS, In this flat's agreement (done with builder), My mom & dad are joint owners, Now on death of father, I & my brother gave NOC to make our mom owner, we met a lawyer & he prepared NOC docs of all 3 of us with indemnity bond but our society rejected it saying that since I & my brother are above 18 yrs of age, we need to make a release deed, My brother is an OCI, He is not resident in India & has given up his Indian citizenship to be a Australian citizen, so he does not have Aadhar card & passport, How can he sign release deed?. He had been to Indian embassy in Sydney recently to check for the process of power of attorney to be signed from there however they told him that since he is not an Indian citizen now, they will not be able to support him in any matter.
Your brother is an OCI and is not resident in India, he can sign the release deed by way of a power of attorney. The power of attorney should be executed in the presence of a notary public in Australia. The power of attorney should be attested by the Australian embassy/consulate in India. Once the power of attorney is executed, it should be sent to you in India. You can then use the power of attorney to sign the release deed on your brother's behalf. Contact us for further enquiry.
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