You can execute specific POA in favour of your father from USA
2) it should be attested before Indian consulate
3) registration of POA is not necessary
Hi, I am an NRI live in USA and own a 3 BHK flat in Pallikaranai, Chennai, India. I am planning to sell the flat and planning to give Power Of Attorney to my father to do that. I have few questions. Is ‘Power of Attorney’ option valid by law itself? Is it possible for me to send Power of Attorney from USA without traveling to India? Does my father needs to register the Power of Attorney in Chennai?
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You can execute specific POA in favour of your father from USA
2) it should be attested before Indian consulate
3) registration of POA is not necessary
It can be done only if you attest the power of attorney in Indian hi commission or embassy in your country and then again register the same in india
Is there a specific form law dictates to use for Power of Attorney for selling the property? Is it different for different jurisdiction? Is it mandatory to attest the Power of Attorney by Consulate or can it be attested by notary public in USA?
It is mandatory to attest POA by Indian consulate
2) attested by notary public would not suffice
3) there is no specific form . Get it drafted by any lawyer
My firm opinion is to ask your father to meet the Sub Registrar concerned in person and get the complete information. On getting the same, contact the local lawyer through whom the sale deed is executed and registered. Your father may get the correct information from the local lawyer. In this way, you would get the correct information and act accordingly.
Dear querist,
Yes, you can sign a special power of attorney in the favour of your father. That power of attorney needs to be signed by Consulate at united states and that will have the same effect as it was made in india. It will be a effective and powerful document through which your property can be put to sale by your father as a attorney/executor of yours. I recommend you to get the POA drafted by a lawyer having good knowledge in the execution as it should be a one time affair.
You can contact me for drafting and assisting you in the matter.
Regards,
Yuganshu sharma
Advocate
You can sell the property without visiting India.
You can execute a general or specific or special power of attorney deed in favor of your father from the country you reside by getting it attested by a notary public of that country or by an official from Indian consulate or embassy.
On receipt of the said power of attorney deed in India, your father can get it adjudicated before concerned authority in India and can execute a registered sale deed on your behalf without any legal hassle.
There is no different format for the power of attorney deed whether it is executed in India or outside India, except that it can be execute on a plain paper if it is done in a foreign country because Indian non judicial stamp paper is not valid outside Indian geographical territory.
The POA deed can be attested by a notary public also of that country.
1. GPA which is registered is a valid document to execute the sale deed. If you execute GPA outside USA then it has to be attested at Indian Consulate.
2. GPA will then have to be registered before the sub-registrar.
3. Get a flawless GPA drafted by an Indian lawyer.
On POA basis flat can't be sold. If you want to sell the flat then you have to come at least for one-day for registration of sell deed.
Kindly arrange all other documents formalities by other person to do for that you can give POA to your father. Like making deal, arrangements of legal papers, preparing drafts etc.
1. Yes under registration act power of attorney is valid option to sale and register using POA.
2. Yes you can send power of attorney notarized and stamped with Indian consulate to India.
3. Your father can get same POA stamped with registrar of stamps after he receives it.
There is common law for Power of attorney. See you have to get POA notarized and then stamped with Indian consulate since you are sending same from abroad.
Yes it is valid in eye of law.
Yes you can.
Customized for different jurisdiction.
Yes it is mandatory to get the POA attested.
You can legally give a power of attorney to your father to sell the flat and receive the consideration amount on your behalf.
You may execute a power of attorney from abroad through the Indian embassy. As per section 3 of the Diplomatic and Consular Officers Act, 1948 notarizing a deed from an authorized officer of the Indian embassy would be considered a valid notary. Such power of attorney is not required to be stamped at the time of execution. However, it needs to be stamped within 3 months from the date of receipt of the POA India.
Alternatively, you can get the document proven through an apostalisation which is governed by Hague Convention, 1961. The apostille is a certificate which confirms and verifies the signature/seal of the person who verified the document.
The POA needs to comply with Indian laws such as the Indian Registration Act, 1908 and Power of Attorney Act, 1882.
There are two options. You can either get the power of attorney attested at consulate or get it notarized and apostilled.
once your father receives the POA in India,can He can get it registered 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.
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.
Your POA has to be signed/approved by the Indian
Embassy in the USA.
Once it is brought in India, it has to be afffixed with a stamp paper of Rs.500/- and registered before sub registrar of Assurances.
1. Yes POA is valid and sales can be executed on basis of registered POA.
2. Yes you can send a POA which is executed in USA before Indian consulate and with verification of consulate.
3. Yes it is mandatory to register the POA in India.
1. It is valid if it is issued in favour of blood relative and can be established that the executant can not come to register the sale deed.
2. Yes, you can get the printed POA from Indian lawyer and get it notarised/attested by the appropriate officer of the local Indian Consulate to return to your POA holder for registering the property.
3. The said POA shall have to be validated by the local Collector in India by affixing Rs.50 stamp on the said POA.
1. It is mandatory to register the POA in India which you can not comply with since you stay abroad.
2. So, as per the Act, you can get it notarised/attested by the local Indian Consulate which is considered as a part of India.
A registered power of attorney would be sufficient for your father to sell the property on your behalf.
He doesn't have to register the power of attorney.