• How to sell builder floor

We build builder floor on plot owned jointly by me and my brother. I want to sell my floor but my brother went to US on tourist visa without Informing me. He can send me POA by US notary and can't visit Indian embassy.
can I sell my floor with that POA?
Asked 2 months ago in Property Law
Religion: Hindu

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20 Answers

POA has to be attested by Indian consulate 


mere notarised POA would not suffice 

 

Ajay Sethi
Advocate, Mumbai
76982 Answers
4621 Consultations

5.0 on 5.0

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.

Ganesh Kadam
Advocate, Pune
10682 Answers
94 Consultations

4.9 on 5.0

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

Yuganshu Sharma
Advocate, New Delhi
367 Answers
1 Consultation

5.0 on 5.0

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. 

Devajyoti Barman
Advocate, Kolkata
20790 Answers
296 Consultations

5.0 on 5.0

- 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. 

Mohammed Shahzad
Advocate, Delhi
4180 Answers
43 Consultations

5.0 on 5.0

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 .

 

 

Ajay N S
Advocate, Ernakulam
3478 Answers
69 Consultations

5.0 on 5.0

Yes


You can also ask for a digitally signed poa

Rahul Jatain
Advocate, Rohtak
4059 Answers
4 Consultations

4.9 on 5.0

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..

 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

Yes you may sell the property through the POA.

Rahul Mishra
Advocate, Lucknow
9795 Answers
18 Consultations

5.0 on 5.0

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

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25207 Answers
105 Consultations

5.0 on 5.0

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.

Vimlesh Prasad Mishra
Advocate, Lucknow
6633 Answers
23 Consultations

4.9 on 5.0

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

 

Ashish Davessar
Advocate, Jaipur
29804 Answers
856 Consultations

5.0 on 5.0

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.

Hemant Agarwal
Advocate, Mumbai
4978 Answers
24 Consultations

5.0 on 5.0

Dear, 

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

Anand Shukla
Advocate, New Delhi
613 Answers
13 Consultations

4.9 on 5.0

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..

Garima Anil Mehrotra
Advocate, Mumbai
432 Answers
1 Consultation

4.9 on 5.0

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.

Mohit Kapoor
Advocate, Rohtak
9322 Answers
3 Consultations

5.0 on 5.0

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

Mohammed Mujeeb
Advocate, Hyderabad
17333 Answers
11 Consultations

4.5 on 5.0

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.

S Srinivasa Prasad
Advocate, Hyderabad
2509 Answers
8 Consultations

5.0 on 5.0

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.

Archit Vasudeva
Advocate, New Delhi
223 Answers
1 Consultation

5.0 on 5.0

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