• How to register power of attorney sent from USA

My sisters (Mumbai) husband( USA) has issued a power of attorney in her name , duly notarised, stamped in the indian embassy and sent it to india.The poa is a GPA regarding their properties in calcutta and bangalore. Purpose is for selling the property in bangalore(joint owners) and purchase the property in calcutta(registration of sale deed of a new flat since loan is in both their names)
How to get this poa registered in india.Where should the registration done.Can she get it registered at any registrar office or should it be notarized and that would be suffcient to make the above transactions.
Can this be registered in any of the three cities where they own a house viz mumbai calcutta bangalore
Her adhaar is in mumbai
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

Registration of POA is not necessary if it is attested before Indian consulate 

 

if at all you want to register it then it should be done in Bombay wherein sister is currently residing 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The PoA has to be adjudicated/registered within 3 months of its receipt in India to be legally valid. It is enough that the power agent does so at the registrar's office having jurisdiction over the place where he/she resides. In your case, it can be done in Bombay. Once it is done, it is valid throughout India. The power agent may use it to sell the property in Bangalore and buy one in Calcutta.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

1. The POA after its sent to India has to be adjudicated in the jurisdictional District Registrar's Office in which the property is situated.

2. For the property situated in Bengaluru, the POA has to be adjudicated in the jurisdictional District Registrar's Office. Similarly, for the properties situated in Mumbai and Kolkata, the POA has to be adjudicated in the jurisdictional District Registrar's Office.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

In Delhi POA notarized from other country is being considered, no registration required.  Please get checked from the lawyers practicing in concerned Sub Registrar, I mean from where the sale deed is to be drafted, he would help you in this regard.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

You can register it directly with the office of sub registrar of relevant jurisdiction as it's already attested through embassy

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The POA deed which was executed in the foreign country can be adjudicated in the registrar office in which the one of the property is falling within. 

The same power of attorney deed so adjudicated can be used in other registrar office as well. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear client, 

She can register this in Mumbai as her Adhaar card is there and then, it can be valid throughout India. 

Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- Since the said POA is notarized and attested by the consulate of India in US , and further is given to his wife , then legally it is sufficient for doing any transaction of the property as is mentioned in the said POA. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

the poa is granted by husband to his wife

so the grantee is a relative of the grantor

also there is no consideration passing from the grantee to the grantor under the poa

so the poa is validly made in the USA by signing before the notary public there and attested by the Indian consulate

the husband can obtain a certificate of apostille stating the notorial act was validly performed for the poa 

the poa is not required to be registered

the wife can accept the poa by signing before a notary public in Mumbai where she lives

 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

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