• Extension of rent agreement & power of attorney

Dear Sir / Madam, 

One of my friends have a flat in Mumbai which has been given on Rent and the agreement is registered. Now the agreement is due for renewal and my friend wants to extend the agreement. However since he has now moved abroad for employment he will not be able to be physically present for the registration. One of the solution envisaged was to give a Power of Attorney to one of his known relatives in India and then they sign on his behalf to extend the agreement. However wouldnt the POA need to be registered & for this wouldnt he need to be physically present? 

What is the solution to this problem wherein the extension of the rent agreement can be done without he visting India? 

Kindly advise. 

Regards, 
Harish Parameswaran.
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

5 Answers

Dear Sir.....

Power Of Attorney is more than sufficient ground.........second party can extend the rent agreement ........

Regards

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

1) POA can be executed in favour of one of the relatives in india

2) POA can be forwarded duly franked or stamped to your friend he should have it attested before indian consulate

3)relative can on receipt submit POA for registration in india

4) friend need not visit India

5) regsitered leave and licence agreement can be executed by POA holder

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Don't worry. A person staying abroad can execute poa in abroad, get it notarized and attested by Indian consulate and then send it to India. In India it requires to be only stamped. In other words it's done without you coming to India.

2. So sign a poa and complete the procedure as stated above.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

The POA deed executed by the owner in favor of an agent in India need to be attested by an official of the Indian Embassy/High commission situated in that country or by a notary public of the country where this power of attorney deed was executed and afr that the deed should b sent in a sealed cover to the power agent.

The power agent shall produce it before the jurisdictional SRO, who after verifying the authenticity and identity of the power agent shall register the same on the power agent paying necessary stamp duty and registration charges for this POA .

Thus the principal need not visit the registrar for this purpose.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1. He has to get the POA attested by the Indian Consulate and post it to you India whereupon you can represent him before the sub-registrar for the purpose of registration of the POA as well as the lease deed.

2. The POA has to be registered in India by the agent despite the fact that it is attested by the consulate.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer