Hi,
You may take power of attorney in your favour and that should be signed and attested by official of Indian embassy.
We are currently located in US and have a flat in India. The sale deed on flat has both my and my wife name (although at time of registration, only I was present). My question is - in order to sell the property, is it sufficient that only I am there in India during the sale or both of us need to be there. In case both are needed, will a power of attorney obtained in US would work to sell the property ? If yes, what is the procedure for getting power of Attorney in US that would be accepted in India during the sale.
Hi,
You may take power of attorney in your favour and that should be signed and attested by official of Indian embassy.
If sale deed is in joint names presence of both is necessary
2) if your wife is unable to remain present she can execute specific POA in your favour to sell the property
3) POA should be attested before Indian consulate in USA
If your wife was not present at time of registration, then who signed on her behalf?
Was the purchase consideration paid by you solely?
The sale deed can be mailed to you there and you can sign it in US itself
However for registration formalities you just need to give a presentation power of attorney to a trusted person in India who can complete registration formalities on your behalf
The sale deed and power of attorney can be signed before Indian consulate/embassy
1) You can get POA from Indian Embassy office who sits in US city. Infront of him you can prepare POA.
2) Than you can sale your flat in India.
1. Since you and your wife are co-owners the sale deed in favour of prospective buyer has to be executed by both of you unless your wife executes a Special Power of Attorney in your favour to authorise you to execute the sale deed for and on her behalf.
2. The SPA should be compliant with Indian laws and attested before Indian Consulate.
3. Get the SPA drafted by an Indian lawyer.
1. A registered POA holder can represent the actual owner or seller at the time of sale.
2. So f or any of you can not be present at the time of registering the sale deed both of you can give a POA in favour of your close relative r in favour of any of you who could remain physically present at the time of registration.
3. So get a POA done in USA and then notarised through Indian Consulate. Thereafter the same POA requires adjudiction/stamping in India for use.
If in sell deed name of both you and your wife as buyer is present you both need to be present before sub-registrar office to sign and execute the sale deed.
Alternatively you can obtain power of attorney from your wife in US. Wife can make a POA in US same can be notarised by notary and then signed and stamped by Indian consulate.
After you bring it India get it signed from jursidictional SDM. Also along POA bring life certificate of your wife.
One if sufficient for the purpose and other one by way of P A for which you ask some one in India send you Rs.10/- or of Rs.100/- Stamp Paper with language for P A types on it and get the signature of your wife or your's as the case be and whenever coming to India for the purpose bring it. Please note that P A should be in the name of other person of confidence not in your name.
Sir
Yes you can get a Special Power of attorney executed from your wife in your name in respect to the said property, and yes it will be accepted in India, you can approach any local attorney for helping you out in getting one in the US.
NRIs can either get the required power of attorney document prepared in india or abroad. However POA sent to India from abroad regarding property matters must be signed and arrested at the Indian consulte.
Once the Indian Consulate attests the POA it should be acceptable by registerars in India.
Hi
1) In order to sell the property, both the husband and wife are required to execute the sale deed.
2) However, you can get the power of attorney ATTESTED in the nearest Indian embassy(i.e the wife can give the husband power of attorney and get the same ATTESTED at the nearest indian embassy) and based on the power of attorney, the husband can execute the sale deed in favour of the buyer on behalf of himself and his wife.
3) One day before the execution of sale deed to the buyer, this power of attorney has to be registered at sub-registrar office where property is located by paying a nominal fee.
4) The fee of attestation is as follows:
5) Please visit www.indianembassy.org > Counsellor Services> Miscellaneous-Attestation Services
Hope this information is useful.
1. You can get a POA executed and notarised by your wife in your favour before the appropriate officer of the local Indian Consulate for selling her 50% share of the property.
2. The said POA shall have to be vetted by the appropriate collector in India to make it valid in India.
3. Thereafter you wil be able to sell the said property in India by registering the sale deed and apend your signature for and on behalf of your wife.
You can contact any of the eminent advocates on this platform and ask for a POA for selling the property to be given in your name by your wife. This can then be duly attested by the Indian embassy or consul post which it can be adjudicated in India to be used here.
If either of you alone want to sell the property now held in the joint names, then the other party can execute a power of attorney deed in favor of the person who is selling the property.
The POA deed can be executed and witnessed and attested by a notary public of that country, the power agent can get it adjudicated in India before the concerned sub registrar for executing the registered sale deed in favor of the purchaser on behalf of the principal also.