• Joint ownership property sale

I own a 2 Bed room flat in Pune where my parents currently live. The title for the property lists both me and my father as owners. I have been in the US since 2006, the property was purchased using a home loan in my name for which a power of attorney was given to my father. I would send money home for family maintenance, a part of which was used towards the loan installment. My parents had some FDs that matured and we ended up closing the loan fairly quickly.

My parents now wish to sell this property and buy a different flat. I have no issues with this. Furthermore, I would prefer that all proceeds of the sale of this property accrue solely to them and have them decide what to do with the money. I have already given a NOC (notarized in the state of California) to this effect. 

1) Can my parents sell the flat without my presence?
2) In case of joint ownership, and with my NOC, is a Power of Attorney still required? The PoA process seems requires notarization, apostilling and then getting a stamp from the Indian consulate. I would prefer to avoid this, but if that is the only way out, I can go ahead with it.
3) While purchasing the property and applying for the loan, my parents sent me an executed PoA and I just signed it and notarized it and couriered it back. Is it possible to do the same now?

PS: This is not just a case of saving taxes. I have a comfortable life here in the US and do not intend to ever repatriate the proceeds. I have suggested that my parents hand down their estate to my sister. My intention is to make the process as smooth as possible for them
Asked 2 years ago in Property Law
Religion: Hindu

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14 Answers

1) Yes, your parents can sell the flat without your presence.

2) Yes, you have make POA in front if Indian consulate in the foreign state where do you live.

3) No, you have act as per the point 2.

Everything will be fine here don't worry, we can process your flat sell transcation smoothly here.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

Yes your parents can sell the property without your presence. You need to execute POA in front of Indian Consulate where you live. And it is not possible to do what you stated in your question No. 3 since you are not in India better not to take risk rather get it notarized in consulate to avoid any further delay and harassment to your parents. If you want your parents to down their estate to your sister name if the new property is bought you can make her co owner in property.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

As per Indian law power of attorney is required for sale or purchase is should be registered. Notorized POA nowadays may not suffice the purpose.

Ujwal Rajan Phasate
Advocate, Nagpur
37 Answers
4 Consultations

5.0 on 5.0

1. Yes your parents can sell it without your presence, you can give a POA in name of your parents to execute and register a sell deed.

2.yes POA is required mere noc won't do as sale deed need to be signed by you as joint owner and need to be present before sub registrar/ tehsildar so there has to be some one to action your behalf.

3.since there are some formal amendments to the procedure now for sale or transfer of Immovable property POA is required to be stamped by indian consulate at your local area incountry you live also it need to be validated with DM/SDM.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

If your parents want to give it to your sister than they can make a gift deed along with your POA for making gift to her.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

your consent is necessary for sale of flat as you are joint owner of flat

2)your father needs your POA duly attested before indian consulate for sale of property

3)notraised POA is not sufficient for sale of property

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

1. To enable your parents to sell the flat without your presence you need to execute a General power of Attorney in favour of your father or mother to authorize him/her to sell the property to the extent of your share for and on your behalf. This GPA has to be attested at Indian Consulate.

2. NOC alone would not suffice.

3. I do not know what you mean by "sent me an executed PoA". A PoA can be said to be executed only when it is signed by the principal, and not earlier than it. Get the POA drafted by an Indian lawyer and send it your parents after getiing it apostilled.

Ashish Davessar
Advocate, Jaipur
29956 Answers
864 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows:

1) Can my parents sell the flat without my presence?

Ans: If the purchaser is ready then it can be sold in your absence on the basis of Power of Attorney. However the Supreme Court banned Power of Attorney sells from 2011. The best thing is transfer your share in favour of your father by just sending notarized NOC etc., and on the basis of which your father can transfer entire property in his name.

2) In case of joint ownership, and with my NOC, is a Power of Attorney still required? The PoA process seems requires notarization, apostilling and then getting a stamp from the Indian consulate. I would prefer to avoid this, but if that is the only way out, I can go ahead with it.

Ans: Yes, it is the only.

3) While purchasing the property and applying for the loan, my parents sent me an executed PoA and I just signed it and notarized it and couriered it back. Is it possible to do the same now?

Ans: Yes it is possible.

Kishan Dutt Kalaskar
Advocate, Bangalore
5583 Answers
218 Consultations

4.8 on 5.0

1. Since you are the co owner of the proeprty without your consent no full and valid title pass on to the buyer if your parent sells the flat.

2. NOC is not sufficient to transfer immovable property .To transfer immovable proeprty one requires registered power attorney in favour of the close relative.

3.If the POA notarised in abroad then on this basis your parent can sell the proeprty. To stop them from doing this you must revoke the POA at once and inform your parents about such revocation and make a newspaper advertisement as well.

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

Send SPA to your father duly notarized in ur fathers name. Then he can execute sale deed on ur behalf and finish off ur sale.anything else do let me know

Vijay Kumar
Advocate, Mumbai
26 Answers

4.0 on 5.0

1. The said flat stands in the joint name of your father and yourself for which he alone can not register a sale deed for the said property.

2. You shall have to execute an POA in favour of your father authorising him to sell your share of the said property for and on your behalf. You shall have to get the POA prepared by your lawyer at USA and then get it notarised by the appropriate officer of your local Indian Consulate duly appending your signature before the said officer of Indian Consulate and then send it back to your father for his registering sale deed in connection with your said property.

3.No. All such POAs are required to be notarised and your parents might have got your said POA notarised by local Notary Public when your passport confirms that you were out of the Country on the date of the said notarisation. Actually signature appended before the Notary Public is only notarised. So, the document registered or executed based on your said invalid POA will also be treated as invalid as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
24708 Answers
701 Consultations

5.0 on 5.0

If it's a jointly owned property he cannot sell it alone by himself.

A registered POA would be required to sell the property on your behalf.

Yes you can follow the procedures as laid down in law applicable to this situation.

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

Yes your father can do the same through your power of attorney notarised through Embassy generally. But recently SC in its latest barred the sale of land through power of attorney.

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

1. No, you will have to come before the court being the title holder of the land

2 You may try and get the POA done, in any view of the matter the NOC is not sufficient for the sale proceeds.

3. Yes the same can be done now

Regards

Anilesh Tewari
Advocate, New Delhi
17847 Answers
312 Consultations

5.0 on 5.0

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