• Regarding power of attorney

Hello sir my uncle aunt and their son and daughter are having uk citizenship and they want to sell his property in india so for that he want to execute poa to me as an agent . My uncle is around 90+ so can he execute poa jointly including his son and daughter so that if he may die that poa work continousely if yes, kindly let me know is there any code/ act/ clause or any reference no. So that i can show to my lawyer.
Asked 7 years ago in Civil Law

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7 Answers

1)POA ceases on uncle death

2) your uncle aunt , their son, daughter can execute POA in your favour to sell their property in India

3) POA should be attested before indian consulate

4) once received in India you have to submit it for registration purposes

5) uncle can execute will wherein he bequeaths his share in property to his wife and children

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

1) will has to be executed separately

2) will is required to be attested by 2 witnesses

3) registration of will is optional

4) POA merely authoirses agent to sell property on his behalf

5) A power of attorney may be executed by two or more persons jointly in favour of one or more persons

6) According to the ‘Section: 1A’ of “POWER OF ATTORNEY ACT, 1882”, “A ‘Power Of Attorney’ includes any instruments empowering a specified person to act for and in the name of the person executing it”.

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

your lawyer can forward stamped POA from india to UK

2) POA should be attested before indian consulate in UK

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

1. Yes. he can execute the POA jointly with others.

2. But the names of others is only important if they also have sahre in the proeprty.

3. If your uncle is the sole owner of this proeprty then once he dies the POA becomes invalid and the name of other person in the same POA shall have no use.

Devajyoti Barman
Advocate, Kolkata
23201 Answers
511 Consultations

The general power of attorney executed for this purpose will stand revoked or cancelled on the death of the principal or even one of the principal if it was executed jointly by more than one principal.

Therefore if you anticipate any unfortunate event then it is better to obtain a single GPA deed itself for now.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

What is the procedure for executing poa from uk to india ?

The general procedure is that the power deed prepared to be executed in that country, duly notarised by a notary public of that country or by an officer of the Indian Embassy sent in a sealed cover addressed to the concerned Sub-registrar where it has to be registered or adjudicated through the power agent, who will carry this sealed cover along with his identity card to prove his identity before the registrar.

The registrar will then, after verification, register the POA deed, the stamp duty and registration charges are to be paid by the power agent.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

Is there any law/procedure that my uncle execute poa jointly and if he die it works continuously mentioning his will in poa and please let me know any reference no or act regarding jointly execute poa.

There is no such provision in law for such an arrangement as per your desire.

If your uncle is transferring the property by a testamentary disposition i.e., by a will, then the bequest may be enforced as per the recital of the Will by the beneficiaries.

But the testator cannot testate the continuation of the POA whether executed singly or jointly, after the lifetime of one of the principals.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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