Legal heir certificate and PoA for property in India owned by deceased mother in USA

Hi Anil,

Mother died, Kids are US citizens

My siblings and I who are US citizens, are trying to figure out how to proceed with the following situation. We live in different states in the US.

Both of our parents were US citizens and have passed on.

Deceased mother owned JOINT property in India with siblings

We recently learned that our mother held a joint property back in India along with her siblings.

Mother gave PoA to cousin

She had granted POA to our cousin to manage the property on her behalf but that POA is no longer valid since her demise.

Sell the property - Documents required from US citizen kids

Her siblings are looking to sell the property.
They need from us:

  1. Our mom’s death certificate (which we have as issued in the US),

  2. Legal heir certificate attesting that we are her legal heirs,

  3. POA assigned to our cousin in India who we want to delegate to take care of the property sale, etc.

We need items 2 & 3.

For 2) It does not seem like there is an option to get a legal heir certificate in the US. There are no established Will documents that our parents left behind. How do we obtain this for each of us?

For 3) I assume we each of us have to draw up a separate POA given that we live in different states.
Kindly advise.

Thank you!

US citizen of Indian origin legal heir certificate

Legal heir certificate - Each US state has their own laws with respect to legal inheritance.

You should check with your residence state to know if they issue any such certificate.

Joint PoA if jurisdiction falls in same Indian Embassy

You can opt for a single POA (joint POA) if both of your residence states fall under the jurisdiction of SAME Indian embassy.

If not, then you will have to create two separate PoAs.