• Power of attorney

I’m a NRI, at present visiting India. I’m interested in purchasing a property in Gurugram, Haryana however, I’ve to return to USA in a week. Is it possible for me to nominate my brother to do the necessary paperwork on my behalf. What legal paperwork/documentation is required for the same? Thank you.
Asked 4 months ago in Property Law from Gurugram, Haryana
Religion: Hindu

Dear Client,

I will draft a POA in favour of your brother. POA needs to. Be registered in the office of the registrar. Contact What's App No. [deleted]

Jaswant Singh
Advocate, Gurugram
584 Answers
2 Consultations

4.8 on 5.0

Yes he can do the same on signing in govt office will need POA from you

Prashant Nayak
Advocate, Mumbai
14516 Answers
24 Consultations

4.6 on 5.0

Hi 

You need to give power of attorney to your brother to do the necessary paperwork on your behalf.

"Most Preferably" the signatures pertaining  to sale transaction should be done by you.

That means, the power given to your brother shall be restricted to submitting and  / or receiving the documents to and / or from the concerned authority.

Good Luck

 

S Srinivasa Prasad
Advocate, Hyderabad
956 Answers
6 Consultations

5.0 on 5.0

Yes it is possible and proper to nominate your brother as a Special  or General Power of Attorney for the purpose of purchasing the property in which you are interested. You have to execute a Power of Attorney for getting registered the title deed in your favour through your brother. There is procedure to appear before concerned registering authority through a nominee. You have sign on a proforma of presenter / claimant.

Lakshmi Kanth
Advocate, Hyderabad
435 Answers
15 Consultations

4.7 on 5.0

Respected sir... 

If you want to give power of attorney to your brother then you must have to follow a simple procedures that is....you have to sign a special power of attorney that is A Special power of Attorney is to be made by a person when any particular or specific task or act is to be done. Once the particular act is completed the Special power of Attorney comes to an end... You can give your brother special power of attorney he will work on your behalf in purchasing property...it will work till competition of work... 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

Yes a registered power of attorney can purchase a property on behalf of the principal and if the attorney is close relative like a brother then it is more proper.

In other words you can proceed to register a GPA in the name of your brother so when you leae he can buy this property on your behalf.

Devajyoti Barman
Advocate, Kolkata
18123 Answers
260 Consultations

5.0 on 5.0

You can register a Specific power of attorney at sub-registrar office in favour of brother for purchase and registration of the said flat and sign on your behalf.

ENgage an advocate to draft and help you in registration of same.

Shubham Jhajharia
Advocate, Ahmedabad
20885 Answers
81 Consultations

5.0 on 5.0

You can execute specific POA in favour of your brother 

 

2) POA should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
69020 Answers
4153 Consultations

5.0 on 5.0

A special power of attorney is required so that your brother can register the property on your behalf.

Regards 

Rahul Mishra
Advocate, Lucknow
5043 Answers
12 Consultations

5.0 on 5.0

Hello,

property of the basis of POA can’t be transferred as per the recent order of the Supreme Court. Get the same transferred on your name by yourself.

 

regards

Anilesh Tewari
Advocate, New Delhi
17268 Answers
267 Consultations

5.0 on 5.0

Hi,it is advisable to execute a power of attorney in favour of your brother and get it notarised from the attorney ..

Hemant Chaudhary
Advocate, Gurgaon
4310 Answers
31 Consultations

4.9 on 5.0

Execute POA in his favor to only purchase property on your behalf and in your name and do not authorize to sell/mortgage or alienate property in any manner and possession of property as a trust.

Yogendra Singh Rajawat
Advocate, Jaipur
14592 Answers
19 Consultations

4.6 on 5.0

Execute specific POA in favour of your brother it should be duly stamped and registered. 

Mohammed Mujeeb
Advocate, Hyderabad
11738 Answers
4 Consultations

4.5 on 5.0

You can execute a registered POA deed in favor of your brother only for the purpose of purchase and related formalities  for the purchase of the property, so that the power of attorney deed shall become infructuous after the purpose of purchase is solved.

 

T Kalaiselvan
Advocate, Vellore
58862 Answers
745 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you wish to appoint your brother to execute the property transaction on your behalf.
  2. Yes, you can very well do that but in accordance of the Hon’ble SC recent judgments in which it has been declared property transaction as invalid if executed via POA or GPA except to one exception in it.
  3. It says that the POA should be executed in the favour of close relative or blood relative which is the applicable in your case, but do remember to draft the POA in terms of the SC order mentioning about it in the POA.

Sanjay Baniwal
Advocate, South Delhi
4931 Answers
11 Consultations

5.0 on 5.0

Dear

You should make a special power of attorney in favor of your brother for purchasing the property on your behalf And the SPOA should be stamped and registered with sub registrar.

Mohit Kapoor
Advocate, Rohtak
4800 Answers
1 Consultation

5.0 on 5.0

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