1) specific POA should be executed by wife in favour of father to sell the property 

2) POA should be duly stamped and registered 

3) society need not know you are migrating abroad 

4) POA holder can obtain NOC from society for sale of flat 

5) close relative can execute sale deed 

6) sale proceeds can be transferred to your wife NRO account 

Only POA will execute with proper direction, no extra document will require. NO NOC require but if buyer will take home loan than bank will ask NOC of no dues from society. 

Wrong, POA holder can execute sale deed on behalf of owner. And any person can be POA holder.

To evade stamp duty, POA with consideration executes which is irrevocable and less stamp duty.

Go ahead with POA without consideration - duly notorise or registered.

1. What documents are needed from us in order to draft POA for my father-in-law to execute a deed of sale?
Answer: You will need to register the POA at the sub-registrar office before you can use such a document for sale purposes;


2. Can the NOC from society be obtained by the person who holds the POA? Does the society legally need to know we are immigrating?

Answer: Yes the POA do all acts on your behalf;


3. We've read conflicting information that the first owner of the property must be present at the place of registration and sign the agreement and POA holders are not allowed to sign as it will be invalid even if the POA holder is a close relative. Is this true? 

Answer: The POA will literally transfer all rights, title and interest in the property to your father-in-law. Then the POA holder will be considered to be the owner itself;


4. If true, then is there any way the POA holder can both handle the transfer of proceeds of the sale and also have the right to register and sign the agreement on our behalf? Perhaps a special POA explaining how we would be out of the country?

Answer: Ask the Wife to execute a gift deed in favour of her father and then let the father sell it at his convenience;


5. We understand there have been many cases where people resort to property sale through POA to avoid payment of stamp duty, which is illegal. Can the POA holder transfer title and ownership by executing a proper sale deed with the selleron our behalf since we wouldn't be in the country and then transfer the proceeds of the sale to our NRO account?
Answer: A simple POA will not suffice. You will need to register the POA at sub-registrar office.

1. ONLY a proper Stamp Duty paid (500/-) and Registered POA holder is entitled to execute any immovable property transaction before the local registrar of sub-assurances. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to "ANYBODY", irrespective of relationships.

2. POA may have strategic clauses and time limitations of the deal (payment terms, validity time period of the POA document ....), for safety of the POA giver.

3. POA can be registered "ANYWHERE" in India, before the local registrar of sub-assurances and shall be valid throughout India. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed.  Sale Deed MUST be Stamp Duty paid and Registered and this can be done thru the Registered POA holder. No legal need for the Flat Owner to be present for this.

4. POA document can be endorsed abroad by the local consulate office and SUBSEQUENTLY stamp duty paid and registered in India, for it to be legally enforceable.

5.  IF person CANNOT go to Registrar office to register POA, THEN Registrar's officer can be requisitioned to visit home, to register POA, on payment of due fees by following due procedure of law.

Hi,

 1. You don't need any document to draft POA however, you must mention in detail the property to be sold by him and details of person giving and taking POA. It has to be a "Special POA" made for the specific purpose only. The POA has to be registered.

2. NOC from the Society can be obtained by POA holder after clearing and the Society charges and other dues if any. 

3 , 4 & 5. POA of attorney holder has to be a close relative (brother, sister, father mother, son , daughter) and it must be registered. A valid POA holder can sell the property as mentioned in the POA and accept the sale proceed on behalf of the person giving POA (in this case your wife). POA holder can sign the sale deed and appear before registrar for registration with proper stamp duty payment. 

Thus, a valid POA holder can transfer the ownership through proper sale and complete all the legal formalities on the person's behalf and act as his/her agent. He can collect cheques in your name and deposit the same to your account. 

To sell the property you have to get power of attorney issued in favour of your blood relative as and when you are out of the country the power of attorney should be verified by the embassy of India in the country of your residence and the same should be sent to the holder of the power of attorney in this regard the power of attorney can be notarized in India and the holder of the power of attorney have all the rights to sell the property in this power of attorney and deposit the proceeds in your account considering the capital gain and any other related tax matters is the property value is over 50 lacs the purchaser will have to deduct 1% TDS on the sale proceeds and the amount will be deposited directly to the Income Tax Department and your pan and you will get the credit of the TDS so deposited in your tax return while considering the long term capital gain

Firstly there are stamp duties applicable when a POA is given by daughter to her father (nominal duty) and when a POA is given by son in law to his father in law (higher duty)

Both of you can subject to above give a PoA to your FIL for registering sale deed on your behalf with the buyer 

Many buyers are suspicious in dealing with a POA holder

So in that case you both can sign the sale deed before the Indian Embassy in the foreign country and your father in law can simply register the signed document with the Sub Registrar

The sale proceeds can be be deposited by the buyer in your NRO account whose details can be given in the sale deed itself 

Also for NRIs the buyer has to deduct full TDS of 20% 

Your FIL can then claim applicable refund from income tax department 

Its advisable to have the POA to be given to your FIL duly registered as that would lend credence to it before the buyers 

1. Sir your wife and her father can make a registered POA giving him.rights to.sale.the property and register the sale deed .

Also you can give him copy of.title documents.

2. Your father can obtain an NOC on basis of POA you are not required to inform society you are.levaing.

3. No POA holder can register and execute sale deed on behalf of the owner.

4. See the POA holder can register the property and can receive sale consideration on behalf of the owner.

5. Yes it is completely legal that a POA on behalf of owner executes a sale deed .

1. Since the said property is in the name of wife , hence she should execute POA in fovour of your father-in-law,  after mentioning details of assigned power, and further registered it in the office of Sub-Registrar.

2. Yes, NOC from the Society can be obtained by POA holder , and , said POA deed is enough for knowing the details of executor & attorney holder. 

3.  POA holder has legally all the right , which is assigned him by the executor , and further the presence of executor not required for any purposes. 

4. same as reply No.3

5. Yes, The sale proceeds can be be deposited by the buyer in your NRO account .

execute poa in favour of father to sell said property and it should be duly stamped and register. 

once poa executed, poa holder can obtain noc from society. 

a person may give a power of attorney to his spouse, son, daughter, brother, sister or a relative to manage his affairs or to execute a deed of conveyance.

If a POA is registered and duly stamped, the POA holder has the power to execute the sale deed. 

As per Supreme Court order sale deed will be not valid on POA basis or ground.

Best way you can gift the property to your father-in-law and return from them take a WILL or promissory note of 65 lakhs and above the property will be sold whichever is higher and that can be transferred later to your NRI account.

1. The registered POA deed itself is an essential document besides the relevant property documents including the tax receipts, share certificate etc.

2. There can be a mention made in the POA deed that he is authorised to obtain NC also from society for selling the property on your behalf.

3. You have been misinformed about it, the very purpose of the registered POA will be defeated if there exists any such condition, however a life certificate with an attestation by a doctor of that country about the live status of the owner may have to be sent to the POA holder at the time of executing the registered sale deed in favor of the buyer.

4. Not necessary.

5. A POA holder steps into the shoes of the owner/seller to execute the registered sale deed in favor of the prospective buyer, hence your fears are unnecessary.

1. You just need IDs of your wife and father in law which should be attached for registration of POA.

2. Yes NOC can be obtained by POA holder.

3. No it is not true. 

4. Yes POA holder can execute proper sales deed with seller