Ask your brother to get SPOA signed in front of Indian Embassy of India in the Canada, in your mother's favor and later that same can be registered it here in the India. Where your property belongs in that SRO.
Procedure of Getting Power Of Attorney from a Permanent Resident of Canada
My mother , my brother and I are the legal heirs of a flat at Kolkata after the demise of my father and we want to sell it. But my brother has gone to CANADA about 15 years ago and serves there in an educational institution. He got Permanent Resident Card from the Government of CANADA. He is unable to come to India for the sell. So my question is : Q. What is tjhe procedure of getting Power Of Attorney from my brother in favour of my mother? That is I actually want to know the detailed procedure (in India and in CANADA) of getting Power Of Attorney from my brother who is a Permanent Resident of CANADA.
Asked 3 years ago in Property Law
Religion: Hindu
23 Answers
Brother can execute special power of attorney in favour of mother
2)POA has to be attested before Indian consulate
1. You brother can make a notarized power of attorney in favor of mother , further he can get same stamped before the Indian consulate and than can send it vide post to your mother. Your mother after receiving same can pay applicable stamp duty on same and get verified by local Registrar.
Your brother can execute a power of attorney deed in favor of your mother from that Country itself and can get it notarised by a notary of that country or by an official of the Indian Embassy, send it here, your mother can get it adjudicated in India after which she can execute the transactions on his behalf also.
A power of attorney can be obtained by him through the Indian embassy. He must draft a PoA and get it attested by the embassy. After that he should send it to you via post. It must be registered with the registrar.
Please ask your brother to execute Special Power of Attorney before Indian Embassy officials in favour of your mother and courier it for sale, transfer and alienation at MALDA West Bengal.
- As per law, the presence of both the parties are mandatory before the Registrar at the time of registering the Sale deed.
- Since, one legal heir i.e. your brother has settled in Canada, then he can execute the POA/SPA from there in favour of any relative in India or your mother , if he is 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 , after receiving the said POA , your mother can appear before the Registrar in India for registering the Sale deed in favour of the purchaser on behalf of her said son.
He should get a POA prepared in Canada, get it validated at the Indian Consulate there and send it here in India and than you can get it recognized in the local authorities
you need to draft the same and later get it attested in indian embassy or Hi commission in canada
We suggest that contact a local lawyer and he will draft a POA in favour of your mother. Further your brother need to get the same attested from the consulate of the respective country from where executing the POA.
1. Your brother need to get a POA drafted in Canada and get his signatures attested from Indian consulate/embassy in Canada.
2. Then he should send that POA to India and you need to get it registered here with sub registrar.
Dear Sir/Madam,
It is suggested that you brother can get the power of attorney prepared there and then get it authenticated as Indian Consulate there. Then use the hard copy of that POA here for selling the property.
Either brother execute and register POA at Indian embassy and Notary POA in Canada and send via mail. Notary POA will re register in India within 4 months at sub registrar office where property situated.
What is the procedure in India after getting duly authenticated Power of Attorney (POA) from Canada i.e. may we have to authenticate POA from any competent authority in India before Flat registration using POA?
Asked 3 years ago
Yes the same has to he presented before local Sub-registrar for authentication before registration of property.
It is not necessary to get POA authenticated in India for sale of flat on basis of POA
if it is attested before Indian consulate abroad it is sufficient
Dear Sir/Madam,
It is suggested that the said POA is get authenticated by the India Embassy at CANADA.
Same sub registrar will verify the POA where sale deed will register.
You need to get the POA registered in office of sub registrar before making it valid instrument for registration of flat.
After receiving the duly executed power of attorney deed in a foreign country, the power agent has to produce the same before the concerned registrar for getting it adjudicated.
Once it is adjudicated, he can execute the registered sale deed on the basis of the this deed on behalf of his principal.
it is recommended to get it registered as it gives a presumption of authenticity.
IT must be registered with the registrar in the district where the property is located.
You need to get it through ministry of external affairs in above case
Get that POA validated in land revenue office or Tehsildar office