POA has to be attested by Indian consulate 

mere notarised POA would not suffice 

If property is on both name and mentioning the details of property that first floor belongs to yours than you can directly sell the property without your brothers consent.  If its on jointly without separation of the property than you can sell your share once your brother comes to India. Mean while you can make Agreement to Sale deed.

Dear querist, 

Pls note that the sale via power of attorney is non functional vide the judgment by Honorable Supreme court in Suraj lamps vs state of haryana in which any sale vide GPOA is declared to be void. However, in such situation, since it is jointly owned property by you and your brother, he can assign the Special Power of attorney vide which you will be given the powers to sell his share in the property on his behalf. By this there will be legality in the transfer of property and no issues afterwards. 

In case you need my assistance in the matter, you can contact me for consultation or on linkedin, 

https://www.linkedin.com/in/yuganshu-sharma-655091183/

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

DELHI HIGH COURT

Yes. If he sends a locally notarized PIA from USA and you adjudicate it from local collectorate office then on its basis you can sell the property. 

- As the said property is in the joint name of you and your brother , and hence without getting his consent this property cannot be registered in purchasers name. 

- Since he is presently in USA, then he can execute a POA/SPA in favour of any relative in India for signing the transfer documents on his behalf. 

- Your brother should execute POA and notarised the same and can send to you.

- Further , if he is unable to send by post due to Covid-19, then can send via email after dully signed ,and if possible attested the same from the office of India consulate in US , along with the copy of his any I.D.

- This email copy is valid for the same as well. 

Hague Convention, to which India and USA are signatories, abolishes the requirement of legalization for Foreign Public Documents. With the certification by the Hague Convention 'Apostille', the document is entitled to recognition in India and vice versaand no certification by the Embassy/Consulates of India is required. The convention applies to public documents which have been executed in the territory of one Contracting State and which have to be produced in the territory of another Contracting State.   

Adjudicate the notorised POA before the District registrar office. and sale deed may execute the same with POA .

Yes

You can also ask for a digitally signed poa

If your brother is also a joint owner of the property now you propose to sell, then you can always obtain a GPA deed duly notarised by a notary public in that country  and can get it adjudicated in the local where the property is situated.

You can then sell the property on his behalf also on the basis of the power of attorney deed given in your favor..

Yes you may sell the property through the POA.

Yes you can but need to get the poa attested by embassy or high commission

1. See your brother kay send notarized POA and you may get same adjudicated at registrar of stamps and based on same you may sell the property in case the sub registrar allows you without signature from Indian consulate.

So firstly enquire with local SRO office if they are ready to accept Foreign POA without signature of officer at Indian consulate you may ask your brother to directly send Power of attorney to you.

No, the POA must be authenticated by the Indian consulate in America and it is to be notarized and registered in India before exercising the POA.

You can sell it on the basis of GPA attested before Indian Consulate and registered before sub-registrar in India.

1. Yes .... you can sell your share of the property by using the US notarized POA, after paying stamp duty of 500/- at the local SRO office.

2. However note that IF property is not properly partitioned and reflected in the Revenue records, THEN it means that property is un-partitioned and such un-partitioned property CANNOT be sold without first following partition proceedings.

Dear, 

As per latest supreme court judgment sale though POA is not valid. Kindly contact through the legal site to clarify more

Poa does not transfer ownership of the flat. So say if your brother is the 50% owner of the property he simply cannot give a poa and thereafter you cannot sell the property..

1. Only notarized POA from US will not be considered valid in India it should be attested at Indian embassy.

2. Then you need to get it registered in India to execute sales deed by that POA.

If the person resides abroad, the POA should be attested by the Indian consulate in that country.

POA has to be  invariably attested by Indian Consulate.

Notary of POA is not sufficient.

If it cannot be attested by Indian Consulate, the same has to be validated with the Registrar in India.

Sir the POA should be attested by the Indian embassy else it wont be recognised by the Sub registrar here and if incase some dispute arises, they will be held responsible.