You can execute specific POA in favour of your husband to sell joint property
it should be attested before Indian consulate
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?
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
You can execute specific POA in favour of your husband to sell joint property
it should be attested before Indian consulate
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.
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.
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.
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.
If the purchaser is a family member like my mother can I transfer the property as a gift at a reduced cost/ stamp duty? In other words, what is the easiest process for my husband to travel to India and transfer our joint property to my mother? Also, how long is the process to adjudicate it by the registrar of assurances in India and then sell the property/ register it, beginning to end, etc? The property is in Punjab. I regularly travel to India but now because of covid we have restrictions to travel.
Yes you can transfer the same through registered gift deed. You can give POA and do online registration
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
Can I get a court order here in the UK for the joint property in India to be transferred in my sole name and then I create specific power of attorney here in the UK and assign my husband (as he is travelling to India) to gift to my mother. Does Indian law accept this process?
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.
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.
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.
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.
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.
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
- 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.