• Joint ownership - POA

My wife and I are planning to sell our flat in Bangalore. We both live outside India. To make things simple, we both would like to jointly nominate my father-in-law as our agent. 

1. Is it okay to have one person (father-in-law) as power of attorney for both of us? 
2. Is it okay to prepare one power of attorney document with both of us signing, giving power to father-in-law? or Do we need 2 separate POA documents for each one of us?
Asked 10 days ago in Property Law
Religion: Hindu

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17 Answers

1. Yes you can appoint your father in law as an attorney to both you and your spouse for the purpose of executing the registered sale deed in favor of the prospective buyer.

2. One single power of attorney deed signed by both of you and duly notarised by a notary public of your country of residence or attestation by an official of the Indian embassy/high commission would be sufficient 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

It's perfectly legal to have two principals executing power of attorney to a single agent (father in law).

Muraleedharan R
Advocate, Trivandrum
22 Answers

5.0 on 5.0

As you both are joint owners 2 PoA are needed. They both would give requisite power to a person whom you trust.

Yeah it is okay.

2 separate documents/PoA are needed.

Rahul Mishra
Advocate, Lucknow
12251 Answers
29 Consultations

5.0 on 5.0

1) your wife can execute POA in favour of her father 

 

2) you can execute POA in favour of your family members like parents or siblings 

 

3) it should be duly stamped and attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

Joint owners can legally appoint one attorney. No need to appoint two attorneys. Procedure  for appointment is, draft a special power of attorney on Indian stamp paper of 100 rupees which  is available in all countries or white paper giving SPA to any of you relatives/friend to sell the property.  Go to Indian consulate/high commissioner and get SPA attested which  the consulate official will readily do. Send the SPA to the person named, he will take the SPA to the District Registrar who will validate it by putting his seal and signature. Fee for validation of SPA is 1 % if it is given to blood relation if given to other person it is 2% of government valuation of the property. With the validated SPA you property can be sold by person named.

Ravi Shinde
Advocate, Hyderabad
797 Answers
7 Consultations

5.0 on 5.0

Immovable property can be legally transferred/conveyed only by way of a deed of conveyance/sale deed which is duly stamped under the provisions of the Stamp Act applicable to the state in which such property is situated, as well as registered under the provisions of the Registration Act, 1908.

Of course, a power of attorney can be granted by the party transferring the property (transferor) to the party to whom the property is to be transferred (transferee) for the purposes of granting authority to the transferee to execute the conveyance/sale deed in favour of the transferee, and registration of the conveyance/sale deed on behalf of the transferor. However, such a power of attorney itself would not grant any right, title or interest in the immovable property in favour of the transferee, and a conveyance/sale deed would be required to be executed, stamped and registered for this purpose.

 

Registration of power of attorney is optional In India before 2009.But after the Honble Supreme Court vide its judgment rendered in case titled as Suraj Lamp and Pvt. Ltd. v/s State of Haryana and another. The nature, scope and execution are redefined. Compulsory registration is effected from December 2012 on wards.

If a 'Power of Attorney' given to an Indian resident by a NRI from outside India is valid and acceptable by Indian...

STEP 1: Write the power of attorney on plain paper. There is no need to create it on stamp paper from India, subject to conditions. Sign the power of attorney. Two witnesses should also sign this document. The addresses of the applicant and witnesses should be typed clearly. All this must be done in the presence of a notary public. You can also get this done at the Indian Consulate as well.Once your power of attorney is attested by the Indian Consulate/Embassy you can send it to India. and adjudicate the same before collector or district registrar.

(Foreign Power of Attorney should be got stamped by the Collector after its receipt in India within prescribed time of 3 months)

In your case your wife can execute Power of Attorney  in favour of her father .  you Should execute POA in favour of your family member - blood relative 

Ajay N S
Advocate, Ernakulam
3790 Answers
81 Consultations

5.0 on 5.0

1. If you have a blood relative in Bengaluru, then nominate that person as your power of attorney holder, so that the stamp duty will be minimal. If the Attorney or Agent appointed by you as the Principal through POA is not a blood relative, you may have to pay 5% of the value of the property as stamp duty at the time of adjudication of POA in India. Under the above conditions, if it's okay for you, then both you and your wife can nominate your father-in-law as an Attorney through POA.

2.  It will be okay to prepare one POA only giving power to your father-in-law, if you are prepared to pay around 5% value of the property as stamp duty at the time of adjudication of the POA in India. However, it's advisable to prepare 2 POAs, one for you appointing one of your blood relatives as your Attorney or Agent and one for your wife appointing her father ( your father-in-law ) as her Attorney or Agent. By opting for 2 seperate POAs, the charges for adjudication of the POAs will be minimal and you can avoid paying 5% stamp duty and thus save unnecessary expenditure.

Shashidhar S. Sastry
Advocate, Bangalore
3520 Answers
204 Consultations

5.0 on 5.0

Dear Sir,

 Your proposal is okay and it is better to have separate POAs.

Kishan Dutt Kalaskar
Advocate, Bangalore
5789 Answers
283 Consultations

4.8 on 5.0

Hello,

  1. As you are joint owners of the property that you are intending to sell, it would suffice to have one power of Attorney Holder being entrusted with the sale of it.
  2. The PoA has to be a registered document to enable the PoA to sell.

S J Mathew
Advocate, Mumbai
3246 Answers
139 Consultations

5.0 on 5.0

1. Yes, it is perfectly alright.

2. Yes, by a single POA you can appoint one Constituted Attorney. 

Devajyoti Barman
Advocate, Kolkata
22341 Answers
343 Consultations

5.0 on 5.0

one POA by the 2 co-owners appointing one agent is fine

Yusuf Rampurawala
Advocate, Mumbai
6157 Answers
50 Consultations

5.0 on 5.0

1. yes

2. yes you can do that Joint POA

Prashant Nayak
Advocate, Mumbai
23361 Answers
49 Consultations

4.4 on 5.0

1. Yes, since the said property is in joint names, then for selling the same you both can execute one person to execute the sale document .

2. Yes, 

- This POA should be notarized as per rule of USA , and further attested from the consulate of India. 

Mohammed Shahzad
Advocate, Delhi
6719 Answers
71 Consultations

5.0 on 5.0

It is very much ok to nominate one person as your attorney. But you need to prepare two seperate documents i.e POA stating the same facts. 

Second most important thing in india any POA sent through Speed Post or courier is not considered valid. Thus you need to visit the Embassy and get the same stamped and then either sent it through embassy or through courier. 

The document should be verified by the Embassy. The document needs to be duly signed by each Holders. 

Also note the register number of embassy on which they update your document. The Registry Office sometimes ask for it. 

Amol Chitravanshi
Advocate, Delhi
253 Answers
1 Consultation

4.0 on 5.0

dear sir,

1. yes, father-in-law can be made as to the POA holder.

2. yes, you can perform a single document.

Anik Miu
Advocate, Bangalore
1125 Answers
10 Consultations

5.0 on 5.0

1. It is OK to register a POA in favour of your father in law clearly mentioning that you two live abroad.

 

2. It will be prudent on your part to register two separate POAs since in case any mistake is detected in connection with one of your signature or title, the entire joint POA will be cancelled.

Krishna Kishore Ganguly
Advocate, Kolkata
25416 Answers
726 Consultations

5.0 on 5.0

1. Yes, in fact that makes sense.

2. It may work either ways. It is better that two separate power of attorneys are issued, one by you and the other by your wife. 

Vibhanshu Srivastava
Advocate, New Delhi
9180 Answers
189 Consultations

5.0 on 5.0

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