• How to register property in name when residing abroad?

Hello, 
 I live in the US, and due to COVID-19 situation will not be able to travel to India to get the land registration done in my name. How can go about this legally? Is there a valid Power or Attorney that will allow my father to complete the registration in my name?
Asked 4 years ago in Property Law
Religion: Hindu

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30 Answers

You can execute special power of attorney in favour of your father for registration of sale deed in your favour

 

2) it should be attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

You can authorise your father to represent and execute the Sale Deed as a buyer, on your behalf in the jurisdictional Sub Registrar's office in India. You have to send him a POA duly signed by you and countersigned by a Notary or from an authorised official of the Indian Embassy and on receipt of the POA, it has to be adjudicated in the jurisdictional District Registrar's office. Then based on the adjudicated POA, your father can sign in the sale deed against buyer's signature and complete the transaction. In this way, the property will be registered in your name, even though you will be in USA.

Shashidhar S. Sastry
Advocate, Bangalore
5117 Answers
314 Consultations

5.0 on 5.0

Dear sir,

Due to covid 19 all offices are closed and have maintain social distancing and registration have been stopped for time been you have to wait until the situation comes down !!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

  • Dear Sir,
  • You can a power of attorney in the name of any of your blood relation preferably or any of your friend in the place where the property is situated.
  • A non-resident Indian (NRI) is permitted to purchase and sell property in India. However, a NRI needs to comply with the requirements imposed by the Reserve Bank of India (RBI). NRIs can invest through their representatives in India with a power of attorney to act on their behalf. A copy of the power of attorney should be notarised with the Indian consulate in the respective country. This will give it authenticity.

    The property can be registered in the name of the NRI, and the power of attorney holder can sign on his behalf by producing a copy of the power of attorney to the appropriate authorities. NRIs can seek home loans through a power of attorney holder and documents can be signed on their behalf while investing in property. Home loans can be processed through overseas representative offices of banks for NRIs. The RBI permits NRIs to hold joint accounts with residents.

    A NRI can issue a power of attorney in favour of his relative or representative. This enables him to sell property and arrange to repatriate the sale proceeds through an authorised foreign exchange dealer. Further, a representative can also rent out the property and credit the proceeds to a NRO account. A power of attorney gives authority to a person, to act on behalf of another. The person who gives the power is known as grantor.

    The person in whose favour the authority is granted is known as grantee. The document gives a person the authority to act on the buyer's behalf for a specific period and matter. The holder of the power of attorney can undertake all the formalities including execution of agreement of sale, registration, possession, and execute all deeds, mortgages, contracts, lease etc. So, the power of attorney holder can sign documents for the buyer and undertake all such acts and deeds as may be required to be undertaken by the NRI had he been physically present.

    The power of attorney has to be attested by two or more independent witnesses. If it is given to sell property, it needs to be registered. An advantage of power of attorney is that one doesn't need to be physically present to execute the property-related documents. The deeds of the agent will be binding on the grantor.

    A general power of attorney is used when the agent is empowered to undertake all types of transactions on behalf of the grantor. A specific power of attorney is granted when the Agent is authorised to undertake only specific transactions. Usually, the power of attorney can be revoked, subject to certain conditions. It is automatically revoked in the event of death or bankruptcy of the grantor.

    A NRI needs to sign the power of attorney before a consulate officer or a notary in the country of his residence. The signature on the deed has to be attested by the consulate officer or notary. He needs to sign all pages of the deed. It then needs to be sent to India and should be presented for adjudication within three months. Adjudication is a method of paying proper stamp duty for a power of attorney. The stamp duty payable varies from State to State.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Thanks. I will be happy to prepare the document. Please contact Kanoon.com, for you to utilise my services.

Shashidhar S. Sastry
Advocate, Bangalore
5117 Answers
314 Consultations

5.0 on 5.0

You can contact any lawyer on this website for drafting of documents 

 

there is no standard format 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

If its family inherited property from parents then relinquish deed. From whom you are getting the property and through which deed. WILL, GIFT deed or Relinquish deed. If can explain it it will be great.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

- Yes, you can register the land in your name in India , after giving SPA/POA in the name of your relative like father .

- You should execute POA in favour of your father in US , and send the same to him to enter into the Registration of sale deed on your behalf. 

- You can contact via kaanoon.com 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

Please choose a lawyer from here who can draft you the same. You can also contact with me. 

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

A power of attorney can be made and on that basis your father can complete the formalities.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

A document cannot be sent via this answering platform. You may ask for a document through online consultation.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Documents sample can be obtained from particular lawyer through proper channel 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. You can send a notarized power of attorney stamped by local consulate by post in favor of your relative and your relative using same may register property in your favor. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. See you may engage advocate to draft POA for you giving only rights to sign sale deed for purchasing property and taking possession of same on your behalf.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You need to execute poa from there. You need to attest the same at consulate and then register it in india

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Yes, you can execute a power of attorney deed at US duly notarized by a local notary public or attested by an official of Indian  consulate in favor of your father and sent it across to him by a sealed cover.

He can get the property registered on your behalf on the basis of the said POA deed on his name.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

For drifting the power of attorney deed for registering the property alone, you may engage the services of a lawyer either of this forum or one at your local  on their terms.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Dear sir,

You'll have to execute a Power of Attorney, get it attested from the Indian Consulate and send it to your father.

The Power of Attorney has to be drafted with all the details. There is no generic document as such. You may contact any advocate through this portal for the same.

Best wishes.  

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

1. You can execute a GPA in your father's favour to authorise him to sign the sale deed for and on your behalf as buyer.

2. The GPA has to be attested at Indian Consulate and then registered in India before it can be acted upon.

3. Generic documents do not help. Get the GPA drafted by a lawyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can make power of attorney in favour of your father.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

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. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed.

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. A Notarized POA is legally infructuous for immovable properties.

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.

6. As per a SC judgment, "Immovable Property" CANNOT be sold using a GPA and such GPA and Sale shall remain legally null & void.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You need to give Special Power of Attorney (SPA) in favor of your Father for registering the property.

The SPA has to be attested by Indian Consulate.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Sample / Templates are not shared through this portal.

You can contact any one of the lawyers from this portal for doing the needful.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

You can execute a POA in your Fathers favour by getting the same executed by the Consulate in America and then sending it across to India.

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

5.0 on 5.0

this forum is not meant for sharing of legal document formats

 

Yusuf Rampurawala
Advocate, Mumbai
7515 Answers
79 Consultations

5.0 on 5.0

1. Get one POA printed by your Indian lawyer in favour of your father and sent to you.

 

2. Get your signature appended on the said POA as the executor attested by the appropriate officer of the local Indian Consulate and send the same back to your father for getting it stamped by the collector in India.

 

3. Your father can now get the said deed of conveyance registered in your favour in India.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. Property itself is not registered. The deed of conveyance or any affidavit in connection with the said property is registered.

 

2. You shall have to inform as to which document/deed you want to register.

 

3. It will be prudent on your part to  engage a local lawyer for drafting and registering the said deed/document before the Registrar.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

You can execute a power of attorney in favour of your Father through indian consulate, it is mandatorily required to be attested by the Indian Consulate. This is must in order to avoid any issues later in regard to authorization.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can seek phone consultation from any lawyer on this website . 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. You should give POA in favour of your father for registration of property on your name. 

2. If POA is not possible then your father can purchase the property on his name and at the same time make registered will in your favour.

3. Or he can execute gift deed in your favour after getting the property registered on his name. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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