• Selling a property in Vadodara

Hi,
I have a 3 bhk Flat in Sama, Vadodara that I need to sell. Since the flat is under my wife's and my name, do I need to create two POA, one for my father and another for my father in law? I have already mailed a notarized POA to my father who would be getting it registered in the courthouse for creating an agreement to sell. Will the notarized and registered POA be enough to execute the final sale deed?
Any complications that can arise later? Is there an experienced lawyer in Vadodara that can be consulted, in-person for such issues and dealings? Can I get the contact details? Payments can be arranged later. 

Regards

Kalash Jhamb
(+[deleted])
Asked 1 month ago in Property Law
Religion: Hindu

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25 Answers

No it doesn't create any problem.. U can contact me on [deleted]

Roshan Khatri
Advocate, LUCKNOW
138 Answers

Not rated

A close  relative can be appointed as Constituted Attorney to represent the seller before the Registrar provided the POA was registered. 

However if the Principal is in abroad then he can send the POA after notarising it in abroad which would be valid to act upon in India after stamping/adjudication done in India. 

So Act accordingly. 

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

If you have send POA signed by Indian Embassy and register by your father and wife POA by her father than they can proceed with further sale deed.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

A PoA each must be given by you and your to any one of them. It is not necessary that 2 of you should appoint 2 PoA holders. A single person may then proceed accordingly.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

You can choose from this website if you want.

Swarupananda Neogi
Advocate, Kolkata
2904 Answers
6 Consultations

4.7 on 5.0

You both can appoint a single PoA for disposal of the property. The PoA act is a central government act.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

You need to have 2 POA made 

 

2) wife can execute POA in favour of her father . You can execute POA in favour of your father 

 

3) advisable to get a POA attested by Indian consulate 

 

4) it should be sufficient for execution of registered sale deed 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

You don't need a lawyer from gujrat to draft a poa. Any lawyer can assist you for the same. For any assistance contact me in kaanoon on 9 a 7 g 6 g 9 g 4 e 9 g 0 f 9 f 1 a 1. Consultation applicable. 

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

For her share, your wife must execute a POAin the name of your father or her father. And you also execute another POA for your share in the name of your father. For POA, the person can be same. 

Raj Kumar Mishra
Advocate, Allahabad
165 Answers
2 Consultations

4.5 on 5.0

Yes, no need of two POA. Your wife can sign with you the same POA and grant title rights to your father. Only the POA should be drafted in that way you both are the owner and has possession of the flat and now want to given POA for selling the flat to your father. Clear and crystal wording. No issue at all.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

Both the co owners can jointly grant a POA to a single person

However that will entail stamp duty implications depending on the relation between the grantor and grantee

For instance in Maharashtra if a person gives a POA to a specified relative then stamp duty on the POA is only Rs. 500

Whereas if he gives a POA to a non relative then duty is as applicable for the conveyance of the portion of the property for which the POA is granted

So depending on the rules in your state, there would be different duty if the POA is granted by the owner to his immediate relative like his father and when he grants a POA from someone in his in laws family

So you can give a POA to your father in law and your wife can give power to him as well in the same POA

But the duty needs to be ascertained as explained above

Also when a POA contains a power to sell then in most states such a POA is compulsorily required to be registered with the Sub Registrar office

For registration too the grantors can give a power in the same POA to their grantee to comply with registration formalities on their behalf

I suggest you engage a local lawyer from your state who will be aware about the local laws applicable to your state

Yusuf Rampurawala
Advocate, Mumbai
5757 Answers
35 Consultations

5.0 on 5.0

1. One single POA (on 500/- stamp paper and duly registered) maybe jointly executed by both of you, delegating authority to "ONE" person in one POA, for the required purposes, wherein the POA holder would conduct and represent both of you, in the registrar's office for purposes of execution of Sale Deed.

2. Two separate persons CANNOT be given authority in one POA instrument.

CONSIDER THIS:

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.

Hemant Agarwal
Advocate, Mumbai
5441 Answers
25 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested that you are not required to make 02 POA and one POA from you and your wife may serve the purpose as your wife may assign your father as POA. As regards to your query regarding any advocate from Gujarat, it is humbly informed that this is not the right forum for asking an advocate directly to work for you. You may go to "Talk to a lawyer" or "Hire a lawyer" of Kaanoon.com. It is intimated that it is not the solicitation of any kind, rather the information regarding the process.  

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

1. Yes if POA is registered then it will be enough for sale of property.

2. No you don't have to execute two POAs as it can cause conflicting interest between POAs itself and can be cause of legal trouble in future. 

 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Both you and your wife ave to execute POA. This can be done by sending single POA in fovor of your father.

It is not necessery to give POA to her father. She can authorise her father in law.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

- Yes it can be perfumed through the POA holder , if the parties unable to appear before the Registrar. 

- No, both can give POA to one persons as well  being the joint owner of the property for signing and performing all the formalities to transfer the property in the support of buyer . 

- Further , if you both abroad , then this POA should be notarised as per the rule of USA , and further this should be attested by the Indian Consulate in USA. 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

If the proeprty is in the joint names of you and your wife then you both, if not able to visit India to sell the property in person, can execute two special power of attorney deeds in favor of respective fathers, duly notarised by a notary or an official of the Indian embassy of that country, which can be adjudicated in India before the registrar within whose jurisdiction the property falls.

They both can execute a registered sale agreement or even a registered sale jointly on behalf of their principals in order to complete the transaction in respect of the immovable property as per law.

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

The rules regarding execution of POA in respect of transaction relate4d to immovable property is common across the country.

You were informed in my previous post that two special power of attorney deeds are required to be executed separately by you and your wife in favor of your respective fathers and follow the procedures as suggested .

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

Two POAs have to be done

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

You need to create 2 POA. it should be duly. You have to send the power of attorney duly notarized and apostilled to the Indian Consulate

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

there are number of lawyers in this website from Gujarat having good ratings . you can check their profile on the website. 

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

No only one poa is sufficient.

Swarupananda Neogi
Advocate, Kolkata
2904 Answers
6 Consultations

4.7 on 5.0

1. You and your wife shall have to get the POAs sent to you whuich you shall have to take to your local Indian Consulate for attesting both of your signatures appended on the POAs.

 

2. The said POAs shall have to be sent to the POA holders who shall have to take those POAs along with the envelopes through which those POAs were sent to them to the collector for putting stamp of Rs.50/- each after which those POAs execute abroad will be considered as valid in India.

 

3. Thereafter, based on those POAs, the POA holders will be able to legally sell of both of your properties.

Krishna Kishore Ganguly
Advocate, Kolkata
24708 Answers
701 Consultations

5.0 on 5.0

1. You both can execute a joint POA but it will be prudent on your part to execute two separate POAs to avoid any technical problems which might be raised by any Govt. officials associated with the registration of subsequent sale deed.

 

2. If you can come to India, then you shall have to register the POAs but if you are in US and are unable to come to India then you shall have to get those POAs attested by the appropriate officer of the Indian Consulate as advised in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
24708 Answers
701 Consultations

5.0 on 5.0

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