My ex-wife and me are holding a vacant land in Bangalore. My ex-wife and me are residing abroad and it's not possible to visit Bangalore, India. That's why my ex-wife gave a POA to her mother for execution and presentation of relinquishment deed to transfer her share in my favor and that POA is signed by Embassy Of India in California, USA. Now the question is since I will not be able to physically present to execute the above said relinquishment deed in my favor, 1. can I also give some kind of POA to my father or to my relative to do it on my behalf? 2. Is it have to be a blood relative for my POA or any other relative would also execute it on my behalf to transfer my ex's share to me ? 3. Exactly what kind of document / POA would enable to execute it in my physical absence. Thank you, Subrat
1. Yes you can give POA to execute and register POA in your favour.
2. See it would be better if it is given to blood relative so that you can save additional stamp duty on POA.
3. A special power of attorney can be given to your family member for execution and registration of POA.
1. Yes. But for POA of outside parties it has to be attested in embassy and registered in India.
2.any other person is also applicable.
3. Special POA
You can execute POA in favour of family member
2) it has to be blood relative
Here she can make documents to add 100% sharing ratio on your name instead of 50%. Ask her to make quite claim deed.
Quit claim deed: This deed is signed in order to transfer any ownership interest of the owner without making any promises regarding the properties interest. They are basically used in order to clear up the title problems or to transfer the property amongst couples after separation or any informal decisions. It is very important to write the precise and complete names of the transferor and the transferee.
1. Yes, you can authorise your father or relative to act on your behalf by your executing a POA.
2. It's not compulsory to authorise only the blood relatives and if you authorise your blood relatives, the stamp duty would be minimal.
3. POA would be the ideal document in the instant case.
Power of attorney can be given to blood relative also. Infact it can be given to any person who is competent
1. You are also free to execute a GPA in favour of a blood relative to authorise him to take all steps necessary for the execution of relinquishment deed in your favour.
2. Since your wife will relinquish her share in your favour no document is to be executed by you in the first place. So you can execute a limited GPA in favour of a blood relative to authorise him to represent you before sub-registrar at the time of execution of relinquishment deed.
1) Yes you can.
2) No need.
3) POA i.e., authorizing the person to do act / activities for and on your behalf.
NOTE:
It is better & advisable, if both of you execute the Relinquishment Deed and get it attested by concerned Embassy, thereafter authorize your respective POAs to present the same before the concerned Registrar, it will avoid any future complications.
1. Blood relationship is preferred .
2. It differs from state to state. Some offices don't accept such form of execution .
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
A relinquishment deed notarised in the USA is sufficient. You father can be present on your behalf and sign upon the relevant papers. No it is not necessary that a person should be a blood relative.
Regards
Dear Client,
POA with valid ID Card is enough for relinquishment deed.
You can also give POA to your relative who will accept release deed on your behalf. It can be anybody, family , friend.
Specail POA will execute wherein you will authorize some person to accept/execute release deed and register the same at sub registrar office.
1. Yes, you can execvute the said POA at your place duly apending your signature before the appropriate officer of your local Indian Consulate. The said POA shall have to be sent to the POA holder in India and the POA holder shall have to apply before the local Collector along with the envelope to get the said POA notarised by the Indian Consulate validated in India. Based on the said POA, its holder can do the act as specified in the said POA as per law.
2. Since you staying abr oad, it is not legally necessary to executev the POA in favopur of your blood relative. However, since mostv of the persons in position are not aware of the nitty grity of law, it will be prudent on yourn part to execute the POA in favourv of your blood relative.
3. While registering the relinqusuishment deed in your favbour, your POA holder will sign for you before the Registrar.
Yes you can give POA to your father. It would be better that you should not give POA to any other relative as it can risk your properties.
It would be better if you give POA to your blood relation.
Yes you can give POA to anyone to execute necessary deed on your behalf. No blood relation required . POA should clearly mention the intention and purpose for which power/authority is given to the agent person.
Dear Sir,
A special power of Attorney deed in favor of the person in India, authorising her to sell the joint property on their behalf, prepared in a plain paper in India, signed by them in USA, attested by a lawyer or notary there, counter attestation and certification by the Indian consulate, then the sealed cover to be addressed to the concerned registrar her in India will be a proper procedure for registering the POA by foreign residents to their Indian agents.
Instead of relinquishment deed both of you can send Power of Attorney (special or general with selling rights)in favor of third person. After getting it stamped in India you can sell the property on behalf of both of you.
A special power of attorney can be given to your family member for execution and registration of POA. 1. Yes. But for POA of outside parties it has to be attested in embassy and registered in India.
Hello
You can comfortably and legally execute a POA in favour of anyone you feel right. Your attorney can then appear on your behalf and get the property registered.
No problem in it.
regards
Gopender M
1. Yes, as a donee/receiver of the deed in your favor, to give your consent or expressing your acceptance, your POA agent can also do the same on your behalf, you can give a POA deed in anyone's favor in India.
2. To avoid problems, you can appoint any blood relative, however there is no legal infirmity in appointing any other person also.
3. A special power of attorney deed.
