If you execute POA in favour of mother in law it would attract higher stamp duty
Hence execute POA in favour of close family member only like your parents or siblings
My wife and I jointly own a registered plot in Bangalore. We have given PoA to to my wife's mother. Now we want to sell the plot. We live outside India. The real estate broker is saying I cannot sell as my mother-in-law is not a blood relative. To sell the land I need to give a PoA to a blood relative. Is this correct?
If you execute POA in favour of mother in law it would attract higher stamp duty
Hence execute POA in favour of close family member only like your parents or siblings
Dear Sir
1. Power of attorney can be given to blood relative also. Infact it can be given to any person who is competent. POA, can be given to blood relatives or non-blood-relatives, - BUT - should be an Indian citizen AND SHOULD NECESSARILY BE LEGALLY CAPABLE AS DEFINED UNDER THE CONTRACT ACT.
Thank You!
A GPA for to sale immovable property can be given any relative or friend. There is no such restriction on relative. GPA attested by Indian Consulate has to be validated by District Registrar by paying certain validation charges. If a GPA is given to non blood relative, you have to pay slightly higher charges for validation. That is only the obligation.
1. If the POA is given to a blood relative, the stamp duty will be nominal. However if you give POA to your mother-in-law, then you have to pay 2.5% of Market rate of the property towards stamp duty.
2. To avoid it's adviced to appoint a POA, who is a blood relative.
That is a totally false statement based upon a wrong knowledge of the law.
PoA can be given to ANYONE.
Incorrect
the POA is just required to be stamped for 50% market value of the plot as in most states when a POA is given to a non-blood relative, then such POA is required to be fully stamped and compulsorily registered
in order to avoid the above, a mere Presentation POA to the MIL should suffice without any power to sell
the sale deed whenever made can be signed by you and your wife before the Indian Embassy/Consulate and then couriered to your MIL who can then present the signed sale deed before the concerned Sub-Registrar of Assurances for complying with the registration formalities on your and your wife's behalf
No there is no such requirements you can give poa to non relatives too. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
1. The property is held jointly by you and your wife and she is the blood relative of your wife.
2. Ordinarily no single person can be blood relative of both the husband and wife of a Hindu Couple.
3. Moreover, both of you are staying abroad and can not come to India for which you have executed the said POA in favour of your MIL.
4. The said POA is perfectly valid for the purpose of registering the sale deed for and on your behalf.
You have been properly advised about this, however she may be permitted to act as your power agent too provided she pays additional stamp duty which is applicable for non blood relatives.