Legal Question in Real Estate Law in India

You can appoint one of your relatives as your power of attorney holder for the purpose.

The best course of acrtion will be to file a partition suit, and an interim application of injunction restraining the brothers to alienate the property until partition is done by court.

Initially, your physical presence is not required and you can give a vakalatnama along with all property documents to your lawyer; who can prepare the suit and application papers and courier them to you for your signatures and file same after receipt.

You may also give a GPA to your relative to sign necessary appers.

you can send a power of attorney in favour of your lawyer duly notarized by notary public and then you do not have to be physically present in india to prosecute the case. the lawyer would file the suit on your behalf and also seek stay against the properties so that third party interest is not created.

Your physical presence in India may be avoided. However, it may be better if you are there at least till an interim injunction order is passed restraining the other party from selling the property.

In these cases, once interim stay is granted, there are very high chances of a compromise. You may work towards an amicable out of court settlement as soon as possible.