1) Relinquish deed: your brother can do a relinquish deed in your favor you don't have to pay stamp duty again.

2)Relinquish deed will be better option as there can be no dispute in future and complete.title will be in your name for time being you can take a POA.

3) You can prepare and register separate agreement with your brother.Stating that you are completely paying the amount for the flat and for time being your brother is coowner as he is supporting you by some help later after so and so time he will execute a relinquish deed in your favour.

1) For purchasing the property in India you have to follow POA procedure.

Power of attorney (PoA) :

As they live outside, NRIs have an option to give PoA to their friends or relatives to complete the property purchase process in India. The PoA can be general or specific about the rights your representative can exercise.

And once the property is purchsed on your name you can ask your brother to forward your registration copy in which stamp duty and registration fees are paid, along with it is stamped and registration number and date appears in the document.

You have to execute a Registered gift deed or relinquishment deed in the said case. POA is not sufficient and valid for sale of flat as per supreme court judgement.

1) your brother can execute specific POA in your favour authorising you to sell the property or create third party rights on the property

2) in the alternative your brother can execute gift deed in your property. Have it duly stamped and registered

1. In that case he will have to relinquish his share in the property.

2. POA will not work, the SC has passed an order that the POA can not be used for the purpose of transfer of property or for the title change.

3. At this stage, the same can not be handled in advance.

Regards

After execution the sale deed your brother can execute a special power of attorney and transfer all the right in the property  to you without paying any stamp duty. your brother can also gift this property to you but stamp duty will be applicable in this kind of transfer. The power of attorney should be irrevocable.  according to the stamp act as applicable in the Maharashtra only 200 rupees stamp duty will be applicable on the execution of power of attorney by the family member

1. You shall own the said property by registering the sale deed and not by registering tyhe agreement for sale and after the said registration of sale deed, your brother will become the co-title holder of the said property.. So, for conveying his share of the title to you legally, you are required to register a gift deed or relinquishment deed for which the stamp duty to be charged will be minimum.

2. Your brother can execute a POA in your favour which he can revoke at any time and in case of his unexpected demise, the POA will become invalid and his legal heirs will have share on his share of the said property.

3. After you register the sale deed jointly, he becomes co-owner of the said property which can not be negated through any agreement executed before the said registration. His title on the property shall have to be conveyed to you by registering a deed of conveyance.

You can purchase the property in the joint name by hearing your brother as a joint holders object property and you Mussoorie power of attorney for the purpose of registration of the property if you please transfer the property in your name after sometime then he can give to property to you and you can get it registered in your name after payment of a very less amount of stamp duty

1. The Property can be purchased & Registered in JOINT names.

2. AFTER Registration, You make take a duly Stamp Duty (500/-) Registered POA with stragetic clauses, from brother to Sale /Transfer /Gift /Mortgage /Assign the property to anybody.

3. No other procedure or documentation required.

Keep Smiling .... Hemant Agarwal

If it is joint property, then your brother has to relinquish his right. It can be done through a registered instrument of relinquishment in the office of sub-registrar.

Dear Cleint,

By executing registered Release deed, his share will transfer in u. Nominal fees.

1) I don't want to re-register the property as I will have to again pay the registration cost -- Releasae/relinquishment deed/ Haq Tyag.

2) Can it be handled by a power of attorney from my brother giving me exclusive right to sell or make any decision related to the property -- POA can be revoked any time. and 3% stamp duty on his share.

3) Can it be handled by adding any clause in the agreement when we register the property. ------ That all monies are paid by you from known source. .

1. If you want to have the property completely on your name alone, you may have to register the sale deed on your name alone, if you include anyone else's name in the registered sale deed, then it will be a jointly owned property and not individual property.

2. It cannot be registered in your brother's name jointly or your mother's name. You may not be available to avail the discount available to your brother if you dont include his name in the ownership. The power of attorney in his favor will make him eligible to do the transactions on your behalf but he may not be able to procure the concessions available as an employee in this regard if he is not a joint owner to this, you may verify this and proceed accordingly.

3. No such clause will be operative when there is a dispute especially when it is certain that it may create legal hassle, hence you may ensure that ther is a fair free and transparent transaction.