Many people think that one should be present at the concerned Land Revenue Office to buy and sell real estate and real estate. Due to such thinking, some people living abroad and even in different states or districts of the country are suffering from inability to do their important business.
However, few people know that property in their name can be bought and sold through official inheritance even without their presence.
Who is the authorized heir? What is the law?
If any person is unable to perform the legal duties required to be present in the legal body, the authorized heir is the official person who has appointed an heir with legal authority to do so.
The business done by such a person is recognized as the main person does. Section 154 of the Civil Procedure Act 2074 has made provisions for the transfer of property rights through authorized heirs.
Accordingly, a person who is unable to attend the office to sell or distribute or barter any real estate of his right and ownership or to make a recent box deed or to transfer the right in any other way or to pass a deed of registration as per law is authorized by the authority. The heirs can be appointed to sell and distribute such property and to transfer or transfer the rights from the recent box deed or any other form or to register any other kind of instrument.
When appointing an heir in this way, the procedure prescribed by law has to be fulfilled.
What kind of person to choose? What details are needed? Where to certify?
As far as possible, a person of the same family, close relatives, kin and trusted friends can be appointed as the authorized heir. When making such appointment, the following details of giving and receiving in inheritance should be disclosed in the application.
In the district court of the district where he has permanent residence in Nepal, if he has temporarily resided, with the recommendation of the concerned ward and if he has resided abroad.
Documents required at the embassy
The following procedure has to be completed to certify the authorized succession through the embassy:
The advocate prepares the relevant documents, pastes the photo of the party, a land title deed, citizenship of the recipient, receipt of payment, notarized the documents, and sends them to the concerned person through courier or any other means.
Upon receipt of the documents, the person sends them to the ambassador for signature. The procedure to be followed for that is as follows:
The person giving the official inheritance should be present in person, the official inheritance as mentioned in the Civil Procedure Act, 2074 should be printed on Nepali paper, prepared and certified by the advocate, two copies of the prepared official inheritance and the application addressed to the embassy Certificate of Certificate and Authorized Heir to Citizenship Notarized Public Certificate of Citizenship.
Similarly, there is a provision to attach an original Nepali passport and visa copy and photocopy to the authorized heir. If a person has taken foreign citizenship or passport, in the case of a former Nepali citizen, the original and copy of the non-resident identity card should be attached. Similarly, the original or notarized copy of the receipt of land tax paid for the current financial year, the original of the house and land certificate, and the certified copy of the notary public should be attached.
In the official inheritance, two recent passport size photographs of both the giver and the receiver and if the side witness is mentioned as Sadar, the name, address and signature of both, at least one witness should be present at the embassy if possible.
The concerned embassy charges a fee as per the rules for certifying the authorized inheritance.
An authorized heir assigned to a specific work, purpose, or period of time, if such work and purpose or period expires, in the event of a special event or situation, is published in a national daily newspaper.