• To sell property

We live in London UK. Can I give power of attorney to my husband to visit India and sell our joint property. If so what is the process acceptable in india?
Asked 1 month ago in Property Law
Religion: Sikh

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17 Answers

You can execute specific POA in favour of your husband to sell joint property 

 

it should be attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
85548 Answers
5730 Consultations

5.0 on 5.0

Hi,  you can execute General Power of attorney to your husband and same has to be notarized or attested in India Embassy. Through GPA your husband can sell the Joint property. 

Pradeep Bharathipura
Advocate, Bangalore
5257 Answers
291 Consultations

4.5 on 5.0

1. Yes, it's possible. You have to authorise your husband through POA to execute Sale Deed, on your behalf, in favour of the prospective buyer in the jurisdictional Sub Registrar's Office in India.

2. The process is simple, first get the POA prepared by any Lawyer and affix your signature as well as your husband's signature on it. Get the POA countersigned by Indian Consular Officer or get it notarized and let your husband bring it to India and get it adjudicated in the jurisdictional District Registrar's Office by paying the admissible stamp duty.

3.  Armed with this POA, your husband can execute the sale deed in favour of the prospective buyer, on your behalf.

Shashidhar S. Sastry
Advocate, Bangalore
3950 Answers
237 Consultations

5.0 on 5.0

You need to execute a specific power of attorney in your husband's favour empowering him to sell your undivided share of the property on your behalf. It has to be drafted suitably by a lawyer, signed by you and attested by a Notary Public OR by the Indian High Commission in the UK. After your husband's arrival in India it has to be adjudicated within 3 months by the registrar of assurances in the place where the property is located. Once it is done, your husband may proceed to sell the property.

Swaminathan Neelakantan
Advocate, Coimbatore
1498 Answers
17 Consultations

4.9 on 5.0

Yes you can give. The same is to be attested in the Indian embassy in UK and registered in india

Prashant Nayak
Advocate, Mumbai
25386 Answers
65 Consultations

4.4 on 5.0

Yes, if one has the Power of Attorney if following legal procedures then they can sell or purchase the property on behalf of their principal

A sale deed must be carried out for transferring property titles, following which the buyer has to pay stamp duty and registration charges.

Khyati Malik
Advocate, Bhopal
45 Answers
1 Consultation

Not rated

Yes you can transfer the same through registered gift deed. You can give POA and do online registration

Prashant Nayak
Advocate, Mumbai
25386 Answers
65 Consultations

4.4 on 5.0

You can execute gift deed in favour of mother for your share in property 

 

2) as far as husband share is concerned for gift deed in favour of mother in law would attract higher stamp duty 

 

3)if POA is attested before Indian consulate further registration in India is not required 

Ajay Sethi
Advocate, Mumbai
85548 Answers
5730 Consultations

5.0 on 5.0

UK will not have jurisdiction for property situated in india 

Ajay Sethi
Advocate, Mumbai
85548 Answers
5730 Consultations

5.0 on 5.0

No you can't get the order in UK if property is in India

Prashant Nayak
Advocate, Mumbai
25386 Answers
65 Consultations

4.4 on 5.0

1. Let your husband,  armed with your POA,  gift his share in your favour to make you sole and absolute owner of the property by registering Gift Deed in the jurisdictional Sub Registrar's Office in India.

2.  After you become sole and absolute owner (100%) of the property, based on the POA to be provided by you in your husband's favour, your husband can execute a registered Gift Deed in favour of your mother in the jurisdictional Sub Registrar's Office thus making your mother sole and absolute owner of the property.

Shashidhar S. Sastry
Advocate, Bangalore
3950 Answers
237 Consultations

5.0 on 5.0

After your executing a PoA in your husband's name, adjudication can be done is a day's time, after your husband's arrival in India. The he can execute a sale deed in favour of the buyer and get it registered. The whole process may take about a week's time.

That cannot be done (getting a court order in UK), as it will not be valid legally.

 

Swaminathan Neelakantan
Advocate, Coimbatore
1498 Answers
17 Consultations

4.9 on 5.0

Te property jointly owned by you and yor spouse can be sold by him on yor behalf  also by you executing a power of attorney deed in his favor.

 

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

You can transfer your share of property alone to your mother as a gift  and you can authorise your husband to execute the gift deed on your behalf by giving him a power of attorney deed to carry out this task.

The time taken will depend on how you fast you would process the formalities.

The stamp duty payable would be as applicable in the normal cases.

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

This process is not recognised as legally valid process as per Indian laws.

You cannot transfer the property situated in India,  sitting at UK neither the UK laws would entertain you to alienate the properties in India as per UK laws.

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

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.
VISIT: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5598 Answers
25 Consultations

5.0 on 5.0

- You can execute a POA in favor of your husband for the said specific work after mentioning his Indian address as well. 

- The said POA should be notarized as per law of UK , and attested from the consulate of India. 

- Your husband can execute gift deed in favor of your mother on your behalf , and the stamp duty is minimum if given to blood related. 

- Since, the property in question is located in Punjab , then UK court having no jurisdiction.

Mohammed Shahzad
Advocate, Delhi
8793 Answers
94 Consultations

5.0 on 5.0

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