• NRI Property selling

Hello sir,

I am NRI and staying in Australia. I am selling my property in Mumbai and its in joint name of myself and wife. My wife can not travel to India to complete sell transaction as she is pregnant. In this case, do i need her to create POA to give me power to sale property? Also do i need to register such POA in Mumbai sub-registrar office?

Thanks
Asked 2 years ago in Property Law
Religion: Hindu

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19 Answers

Your wife can execute specific POA to authorise you to sell the property 

 

2) POA should be attested by Indian consulate in Australia 

 

3)not necessary to register the POA  

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

1) POA needs to be on stamp paper of Rs 500 or duly  franked 

 

2) passport size photo together with identity proof needs to be attached withPOA 

 

3) POA depends upon facts of each case 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

1. Your wife can execute Special POA in your favor to authorize you to sell the mumbai property,

2) said POA need to be attested by the Indian consulate in Australia,

 

Suneel Moudgil
Advocate, Panipat
2353 Answers
6 Consultations

4.7 on 5.0

Dear Client,

POA in on the Indian Stamp Paper of Rs. 100 and it requii to be registered. In haryana no photo ID is required. In other parts of India, I can not confirm if ID is required or not. Send your email at adv.jaswantsinghkatarita at Gmail dot com to get formate. 

Jaswant Singh
Advocate, Gurugram
910 Answers
2 Consultations

4.8 on 5.0

Dear client,

Yes you can sell the property only if your wife execute a special power of attorney not general power of attorney in favour of your's 

And thereafter you can register that special power of attorney before registrar in registrar office 

Fistly in special power of attorney you should write....

  1. That you are NRI
  2. That me and my wife are jointly owner of the that property
  3. Your wife cant be able to come to india for selling transaction procedure
  4. That why she is executing a special power of attorney in favour of me to sell the above said property
  5. And two wittnesses also signed in SPA 
  6. There after you can sell the above said property

Thankyou

Parveen Narwal
Advocate, Rohtak
10 Answers

Not rated

Yes poa is required and dane should be registered in Mumbai too. 

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Dear Querist

the SPA/POA can be drafted on plain paper and notarized the same by notary Public in Australia. after that you have to do apostle the same by depositing required fee by the office of collector of the area where your property is situated.

All the documents along with the photographs should be part and parcel of the POA.

 

You may contact personally over the phone to get format of POA.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6084 Answers
287 Consultations

4.9 on 5.0

Yes you need a POA a from your wife notarized and stamped with embassy in Australia and then it has to be registered in India by stamping at stamp office.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

It can be on plain paper and notarized and then you can pay.stamp.duty at Indian stamp.office then it can be used for registration in India.

Yes Affix your and your wife's passport copies along the POA.

Sir engage an advocate to.draft power of attorney for.you.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

Just make a standard POA and get it attested/signed by the Indian Embassy in the foreign country.

 

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

Write down the POA terms on a piece of paper. 

Get the POA attested by Indian Embassy/Consulate in your country of current residence with 2 witnesses.

The process should be same all over in all Indian Embassies. 
Now, send this consulate / Indian embassy signed or attested POA to India. Use any postal service like USPS here.
The person in India needs to get this POA registered to actually make it a valid document and term it as registered power of attorney.
Reach out to the SDM (Sub-divisional magistrate) office.
The concerned government office would be defined by the address of the POA holder (the person who you name in POA as your legally bound decision maker) and NOT your own address. Well, this address may be same if you are sending it to your parents or could be different if you are taking a friend’s help.
NOTE: The SDM (Sub divisional magistrate) office and office of registrar are two separate government departments/offices.

Documents required for registration of ‘Attested power of attorney from Indian Embassy’
1.    Affidavit (To be written on stamp paper of Rs. 80 or Rs. 100).
A nominal stamp duty of Rs. 4 or Rs. 10 is also need to be paid. You have to check with your local SDM office for these details. 
2.    The Envelope which was used to send the POA from Foreign to India is also required. Sounds strange but it was asked by the officer in SDM office.
3.    Passport photo-copies of the Executants (Person/s who have created the POA) in the Power Of Attorney.
4.    2 (number) Address and ID proof of the POA holder. One could be passport and other can be electricity bill, water bill etc.
5.    Document that can prove the relationship between POA holder and POA executants.
6.    You will have to submit the original POA along with the documentary proof to the SDM office.
5.    The general time frame for this POA to be registered is 15 days. 
Once you get this POA stamped by SDM, it is considered a registered power of Attorney.
No witness is required in SDM office for registration.
6.    This registered POA is now acceptable in any government office for the purpose of possession and registration (also known as conveyance deed) of property.

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

Dear Sir,

Yes, a NRI can sell property by giving power of attorney to any of blood relations such as mother - father, brother or daughter, son etc.

Power of Attorney sent by NRI must be attested/stamped by Indian Ambassy of the concerned country. That POA must be stamped by Indian Revenue authority (Sub-Registrar Office) in India. After completing these formalities POS holder can execute documents related to sale or purchase of Property. Though in sone cases Purchaser need not send any POA regarding purchase. Only authority letter can do the needful.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. Well get a POAexecuyed in Australia  y your wife on a plain paper and get it notarised therein only.

2. After the notarisation you will have to get it stamped/adjudicated in Mumbai.

3. Once this is done on this basis you can proceed to sell the property representing yourself and your wife as well.

4. With the POA no other document needs to be attached.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
363 Consultations

5.0 on 5.0

Hi

Your wife can give POA to you to complete the sale on behalf of her also.

The said POA has to be attested by Indian consulate at Australia.

The POA can be done on plain paper and subsequently the same can be got Franked (Stamping amount changes from state to state).

You need to append two attested  photo IDs.

S Srinivasa Prasad
Advocate, Hyderabad
2877 Answers
9 Consultations

5.0 on 5.0

Yes you need to make a POA in Australia which should be attested by Indian consulate.

You also need to register the POA in Mumbai in office of sub registrar to make it valid for purpose of selling the property.

 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

1. For registering POA before the Registrar at Mumbai, both are required to be present before the Registrar.

 

2. You can get the printed  POA sent to you by your Advocate in India to your wife who can get the same registered before the appropriate officer of the local Indian Consulate. 

 

3. Most of the consulate oficers refuse to register the document for lack of legal knowledge and in that case, get the POA notarised. After coming to India get the said notarised POA adjudicated by the Collecter in India. 

 

4. Based on the said POA, you can register the sale deed of your prop[erty in India.            

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

1. Actually the POA can be printed on plain paper also but most of us get it printed on Rs.50/- stamp paper fearing that the Coillector's office will refuse to adjudicate it for want of stam paper.

 

2. PAN Card No. for both of you shall have to be mentioned in the said POA. You carry your original PAN Card to the Collectors office to prove your identity  as when such POAs are sent by post to the POA holders in India, they are required/asked to show the enveloipes tyhrough which those POAs have been sent to them to tp prove their genuineness and to prove that the POAs have been sent to them from abroad to their address.  

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

You may get a POA deed in your name duly notarised by a notary in Australia and then nget it registered before the registrar within whose jurisdiction the property situate.

After that you can sell the property on her behalf also by executing a registered sale deed.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

For preparing the POA, you can engage the services of any lawyer of this forum too.

The POA that is executed in a foreign country can be prepared  on a plain paper becasue the stamp paper  is not valid outside India.

The documentary proofs to prove her identity of the executor of the POA may be attached with the said deed.

 

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

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