• Power of attorney

Can I make power of attorney on my father in laws name to make him authorised signatory on my behalf to sell my property in India as I am abroad.
Asked 1 month ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

16 Answers

Any immovable property can be sold, purchased or gifted  by person residing abroad through Special Power Attorney. The procedure is, draft a special power of attorney on Indian stamp paper of 100 rupees which  is available in all countries  or even on white paper giving SPA to any of your relatives/friend/fil to sell the property.  Go to Indian consulate/high commissioner and get SPA attested which  the consulate official will readily do. Due to pandemic walk-ins to Consulate are suspended, you can get the SPA attested online. 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 and proceeds can be deposited in your account.

Ravi Shinde
Advocate, Hyderabad
1654 Answers
21 Consultations

5.0 on 5.0

Yes but you have to follow due procedure as POA executed outside India need follow strict procedure and registration in India in a given time else POA will expire.

Yogendra Singh Rajawat
Advocate, Jaipur
21462 Answers
31 Consultations

4.4 on 5.0

You should execute POA in favour of your parents or siblings to sell your property 

 

2) it would attract nominal stamp duty 

 

3) if executed in favour of father in law it would attract higher stamp duty as father in law is not your close family  relative 

Ajay Sethi
Advocate, Mumbai
85546 Answers
5730 Consultations

5.0 on 5.0

Yes you can execute a power of attorney deed in favor of your father in law for transactions in immovable property. 

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

1. Since your father-in-law is not related to you through blood, the adjudication charges will be around (5%) five percent of the value of the property.

2.  Hence it's advised to authorise one amongst the blood relatives as Attorney through POA for which the adjudication charges are minimum.

Shashidhar S. Sastry
Advocate, Bangalore
3949 Answers
237 Consultations

5.0 on 5.0

Yes you can do the same

Prashant Nayak
Advocate, Mumbai
25386 Answers
65 Consultations

4.4 on 5.0

Yes, you may execute a specific PoA in favour of your father in-law authorizing him to sell your property in India on your behalf. First, it has to be either notarized or attested by the Indian High Commission/Deputy High Commission in the UK and then sent to him. Upon receiving it here, your father in-law has to get it adjudicated by the land registry where the property is located. Then he can proceed to sign and register the sale deed.

Swaminathan Neelakantan
Advocate, Coimbatore
1498 Answers
17 Consultations

4.9 on 5.0

Yes, you can make it POA for sale deed in Indian consulate of general in UK office.

Ganesh Kadam
Advocate, Pune
12219 Answers
167 Consultations

4.9 on 5.0

Yes. It can be done. Power of attorney needs to be carefully drafted as well as notorized and apostilled in order to be enforceable in India.

 

Siddharth Jain
Advocate, New Delhi
5863 Answers
89 Consultations

5.0 on 5.0

Dear client, 

yes, you can do that. 

Thank you

 

Anik Miu
Advocate, Bangalore
3311 Answers
34 Consultations

4.9 on 5.0

- Since, you are living abroad ,then you can execute a POA in favor of any relative or nearest one to appear before the registrar and to sell the property on your behalf. 

- Yes, you can give POA to your father in laws for the said specific work .

- Said POA should be notarized as per rule of UK and attested from the consulate of India. 

Mohammed Shahzad
Advocate, Delhi
8791 Answers
94 Consultations

5.0 on 5.0

1. Since you are staying abroad and is unable to come to India during this pandemic situation, you can legally execute POA in favour of your relative being father in law to register the sale deed for and on your behalf wherein the sale consideration shall be deposited in your account in India.

2, For executing the POA from UK, the laid down procedure of getting the attestation done by the appropriate officer of your local Indian Consulate is to be followed.

Krishna Kishore Ganguly
Advocate, Kolkata
26290 Answers
726 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

Yeah you can do that. A PoA has to be made and registered in India.

Rahul Mishra
Advocate, Lucknow
13335 Answers
49 Consultations

5.0 on 5.0

Hi, you can give Power of Attorney to your Father-in-law to sell the property which you have owned in India.

Pradeep Bharathipura
Advocate, Bangalore
5257 Answers
290 Consultations

4.5 on 5.0

Yes, you can. 

Khyati Malik
Advocate, Bhopal
45 Answers
1 Consultation

Not rated

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer