Hi Rajan,

As per SC order sale deed for immovable property on POA basis is not valid, because Transfer of Ownership could not be performed on POA basis. The liability remains with original owner last long if sale deed is not completed by original owner in the SRO office.

Here seller do not have any problem buyer will have problem.

You should execute POA in favour of family member . It has to be attested before Indian consulate 

if it is not executed in favour of family member it has to be stamped as conveyance which would attract higher stamp duty 

No, you can give poa to any person you want. The POA can be registered at home through commission basis.

Hope this helps.

Regards

You should not execute POA in favour of non family member 

No you can't give POA for sale deed of land property, if you are original owner than you should present to perform sale deed  transaction in sub-registrar Office personally.

When it comes to buying or selling a property Power of Attorney is not a valid instrument to transfer property titles. However, selling the property through General Power of Attorney had become common practice across Indian cities, owing to the monetary benefits it offered, both the buyer and the seller.

Kindly check Transfer of Property Act, Sec 53A.

In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovable property sales is not a valid form of transfer of property.

A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.

"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.

"Nothing prevents affected parties from getting registered deeds of conveyance to complete their title. The said transactions may also be used to obtain specific performance or to defend possession under section 53A of TP (Transfer of Property) Act," the court said.

In order to ensure that GPA continues to serve its purpose, the court said its judgment will not affect the validity of sale agreements and powers of attorney executed in genuine transactions. "For example, 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."

A proper verification of ownership was possible only if all property were transferred through registered sale deeds.

- As per law, the presence of both the parties are mandatory before the Registrar at the time of registering the Sale deed. 

- Since, you are residing in Canada , then you can execute the POA/SPA from there in favour of any relative in India  if you are unable to come to India. 

- Further the said POA /SPA must be notarized as per rule of Canada  , and should be dully stamped /verified from the office of Indian Consulate/Embassy.

- Further , the said POA holder will appear before the Registrar in India for registering the Sale deed on your behalf. 

- Since your father cannot travel for the same , then you can execute POA/SPA in favour of any nearest friend. 

The POA deed is to be executed to a close relative and not to a friend.

They may have to manage to visit the the registrar's office at least once to execute the registered sale deed on your behalf on the basis of the POA deed in their favor.

The POA deed cannot be executed in favor of a friend to transact with an immovable property.

You may have to execute the same in favor of any close relative in India to enable them to execute the registered sale deed in favor of the prospective buyer on your behalf.

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. Online POA Registration facility is not available, as yet. 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.

1. POA given to a blood relative attracts a meager stamp duty, whereas POA given to a non-blood relative or a friend attracts 5% Stamp Duty calculated on the value of the property.

2.  Hence you have to give POA to blood relatives only.

U R Welcome.

1. After the decision of the supreme court in Suraj Lamp case a POA guven to a non blood relative is not effective unless the said agent has an interest in the property. 

2. Therefore look for a relative who could be an eligible person to make sale deed on your behalf on the basis of the POA.

No there should not be any problem.

It can be given to your friend also. No need to limit it to your family member only

POA can be given to any trusted friend or relative. There is no such thing as a blood relative clause. Proceed accordingly.

You can give a PoA to anyone you want. Simple.

General power of attorney can be given only to the blood relatives so you cannot give general power of attorney to anybody other than your blood relative.

Any power of attorney given to a blood relative is not valid and cannot be enforced and any transaction based on that power of attorney will be void ab initio

Dear Mr Rajan,

You can give a PoA to your friend. It is not mandatory to give it only to a blood relative. 

You'll have to get the PoA attested at the Indian Consulate and then send it here. It would then be required to be registered here in India. Thereafter your friend can act on your behalf throughout the process of transfer of the land. 

Best wishes.

Get a POA  prepared in Cananda and get it registered to indian embassy there.

In this your parents would not be required to go anywhere 

Nothing like that, you can appoint POA holder to any of your trustworthy to execute sale deed.

Dear Client,

You may provide Special Power of Attorney to any one to sell or purchase the property. SPA should be annexed with apostile.

Dear Sir/Madam,

I am tense to read to the query as to whether it is indicated towards me. Anyway, I wish to suggest that the POA can be written and authenticated at the Indian Embassy at canada and then you may send the same to your place of India and the registration of the land will take place at the registrar's office. The POA can be given to any body whether blood relation or not. 

You can give POA to any one, executed the same at your place and get it attested before consulate and send it to India.

It need not be in the name of your family members (blood relatives).  The purpose of POA is to get the thing done by some one on your behalf.  

If you do not have blood relatives staying / living at the place, then what ?

The purpose of POA is to get your work done through SOME ONE on your behalf.  Only procedural part changes, which your POA will take care in India on receiving the POA by him / her.

It is not mandatory that you need to execute POA in favour of blood relative only but execution of POA in favour of some other person will attract higher stamp duty. 

Not neccasrily it should be given only to relatives it can be given to any third party also.