• Separation & Registration of Agricultural

I am in the process of Separation & Registration of Agricultural inhertited through my father.

I am an NRI living in the UK.

I have no desire to attend India for safety reason nor do I have any family I can trust or engage on my behalf.

Do I have to physically go to India or can I appoint someone to do this on my behalf ?
Asked 1 year ago in Property Law from United Kingdom
Religion: Sikh

Hello,

You have to give a GPA general power of attorney to a person and he will find the buyer and sell the property on your behalf. But you do have to come to India in order to finally transfer the right title and interest in the property ti thevothet person and without presenting yourself before the registrar final disposition cannot be made.

Regards

Rahul Mishra
Advocate, Lucknow
4322 Answers
11 Consultations

5.0 on 5.0

You can execute POA in favour of family member for carrying out mutation of land in your name

2) if you don’t have any family member you should co e down personally in India for said purpose

Ajay Sethi
Advocate, Mumbai
66960 Answers
4043 Consultations

5.0 on 5.0

1. You visiting India isn’t compulsory. You can enter upon a GPOA or a SPA for your separation and registration in favour of any person.

2. You need to get the GPOA attested and registered through Indian Embassy.

3. Further it will be sent via courier to the concerned person in India.

For any assistance for the said work plz feel free to consult.

Regards

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

1) Yes, you can attend any one which you may know a correct person or relative on your behalf in India.

2) Make Special POA for separation of property, by visiting Indian Embassy Office and make POA on your relative name and give your rights towards for Partition of Agricultural Land.

Ganesh Kadam
Advocate, Pune
7480 Answers
65 Consultations

4.9 on 5.0

This is my response to you:

1. You can appoint a legal representative or you can send any family member through a POA;

2. The POA can be notarized in UK itself and sent to India;

3. Your representative can file for separation and registration on your behalf.

Gowaal Padavi
Advocate, Mumbai
1826 Answers
2 Consultations

5.0 on 5.0

Hello,

As far as processes are concerned, a power of attorney can be granted by you (to a lawyer or a trustworthy friend etc who would need to get it registered first in India) to get the process done. However, it would be better to find out informally from the concerned authorities where the property is located, the requirements for getting the registration done, especially since it is a case of agricultural land. There would be a process involved in granting a power of attorney at your end and then the POA holder getting it registered here in India upon receipt. Since you have safety concerns (and I am guessing family issues involvement), it may be worthwhile to engage a lawyer from the state (but not so local so as to be pressurised by another party) where your property is located. If you need any further help, please get in touch through the website/contact details that may be available there.

Thanks and best regards,

Nityashjit Kaur

Nityashjit Kaur
Advocate, Delhi
10 Answers

Not rated

1. you will need someone who can act as your constituted attorney or POA holder for doing the required formalities

2. your physical presence in India is not required

3. the POA has to be signed before the Indian Consulate in UK and couriered to the constituted attorney in India

Yusuf Rampurawala
Advocate, Mumbai
4458 Answers
25 Consultations

5.0 on 5.0

1. You are deficient in providing details for giving proper advice.

2. Understand that you are going to file Divorce Suit and also get settlement deed registered by your father duly settling agricultural land in your favour and you are not in a position to visit India for safety reason.

3. You can get the printout of the divorce Suit to be fil;ed by you from your lawyer in India and append your signature there upon before the appropriate officer of your local Indian Consulate who will notarise your said signature.

4. You shall have to thereafter return the said plaint of the divorce suit to your Indian lawyer for filing the same before the appropriate District Judge in India.

5. In case of registering the settlement deed, you can follow the same procedure to get the signed settlement deed sent to you for appending your signature thereupon as a token of your acceptance of the said settlement and return the same to your Indian lawyer for registering the same.

6. Such getting your signatures notarised by the appropriate officer of local Indian consulate might stand practically as a herculean task for you for which your is to India is advisable for completing the said jobs subject to your convenience.

Krishna Kishore Ganguly
Advocate, Kolkata
22518 Answers
594 Consultations

5.0 on 5.0

Hello,

Give SPECIFIC POWER OF ATTORNEY to someone whom you can trust .

Thanks and regards.

Swarupananda Neogi
Advocate, Kolkata
1057 Answers
2 Consultations

4.8 on 5.0

You can send a power of attorney duly notarised and attested with the Indian consulate in Uk to the person you appoint for the purpose the person shall get the POA further further attested in India with SDM and shall carry out the requisite work you do not need to be personally present in India. Further in Power of attorney specifically specify work for which you are giving power of attorney so that it is not misused, Specifically mention that you are giving it for mutation and no other purpose.

Shubham Jhajharia
Advocate, Ahmedabad
19345 Answers
75 Consultations

5.0 on 5.0

1. You want to register your agricultural land in India. To do this you do not have to come to India. You may execute a General Power of Attorney (GPA) in favour of a relative in India to authorise him to complete the registration/mutation process in India for and on your behalf.

2. The said GPA has to be attested before the Indian Consulate in UK.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

You can authorized any one or execute POA to act on your behalf.

Yogendra Singh Rajawat
Advocate, Jaipur
13233 Answers
17 Consultations

4.6 on 5.0

You mean to say partition of the agricultural property and its registration

You can vary well authorise your representative by executing a special power of attorney deed in his favor who will sign the deed on your behalf.

you need not come to India in person for this

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

You can execute POA in favour of friend if you don’t have relative for mutation of land in your favour

Ajay Sethi
Advocate, Mumbai
66960 Answers
4043 Consultations

5.0 on 5.0

1. You can execute the GPOA in favour of anybody in India to represent you or to act for and on your behalf

while performing the act as described in the said GPOA.

2. The said GPOA holder in India can be your friend also.

3. However, the Advocate who is contesting or shall contest your case can not be your GPOA holder to represent you since the applicant and his lawyer can not be the same person.

Krishna Kishore Ganguly
Advocate, Kolkata
22518 Answers
594 Consultations

5.0 on 5.0

1. You can make a GPA in favour of your friend or anyone.

2. Make sure of the rights you give to the concerned person via GPA.

Regards

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

GPOA can be execute in any one of your trust whether relative or not Or can appoint some advocate.

Yogendra Singh Rajawat
Advocate, Jaipur
13233 Answers
17 Consultations

4.6 on 5.0

The power can be delegated only to close relatives by the NRI principal for various reasons.

Hence the POA deed executed in respect of immovable property in favor of a close friend may not be entertained though there is no particular law restricting the close friends to act as power agents.

However you try and give power to your friend, let the registrar reject it for the valid reasons he may rely upon and then you may look for an alternative.

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

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