• Selling property in joint ownership

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.
Asked 7 years ago in Property Law
Religion: Hindu

15 answers received in 1 day.

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17 Answers

Hi,

You may take power of attorney in your favour and that should be signed and attested by official of Indian embassy. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99868 Answers
8149 Consultations

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 

Yusuf Rampurawala
Advocate, Mumbai
7904 Answers
79 Consultations

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.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

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.

 

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19341 Answers
32 Consultations

Dear Client,

Both involvement necessary, get POA execute in your favor at Indian Embassy.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

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:

  • Non-refundable $ 20 (twenty) for each attestation.
  • Non-refundable $ 10 (ten) for attestation of each photograph.
  • $3 for the Indian Community Welfare Fee.
  • Fees should be paid through money order or cashiers' check drawn in favor of the 'Consulate General of India, (City of Consulate)'. Personal checks, credit cards or other banking instruments are not accepted. Debit cards are accepted with an additional service fee.
  • The fee is non-refundable

5) Please visit www.indianembassy.org > Counsellor Services> Miscellaneous-Attestation Services 

Hope this information is useful. 

 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

Yes you will.need poa attorney attested by Indian Embassy in us for the same.

Prashant Nayak
Advocate, Mumbai
34582 Answers
249 Consultations

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27722 Answers
726 Consultations

  1. As per the information mentioned in the present query, makes it clear that you both have been living in US and only one can come to the place of property to execute the sale transaction.
  2. Let me tell you that as per the latest/ recent judgment by Hon’ble Supreme Court held that GPA or POA or SPA would not be valid for any transaction with respect to the immovable property.
  3. But, yes if the same has been executed in the favour of close relative then it would be a valid one, and in your case the same would be in favour of either of the spouse.
  4. And get the same excuted there only with the statement in the GPA that you both are present at the time of executing the same.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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. 

 

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90070 Answers
2500 Consultations

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