Yes she can give you poa
Power of attorney
I live in the USA with my mother. We jointly inherited land in India after my dad passed away. We plan to sell the land. I am a US citizen and my mother is an Indian citizen(Green Card in the process). My mother cannot travel due to her age (83 yrs). Can she give me(a US citizen) the power of attorney to sell this jointly owned land in India? Will the process be similar to giving a POA to an Indian resident, i.e getting it attested in the consulate and registered back in India.
Asked 4 years ago in Property Law
Religion: Hindu
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
7 Answers
Your mother can execute registered specific POA authorising you to sell the jointly owned land
registration has to be done in india wherein your mother is residing
Dear Client,
Yes, any Power of Attorney holder can transfer or sell landed property to their son on the basis of the power of attorney provided the power for sale or transfer clause exists. The deed of power of attorney must be a registered one. But a Power of Attorney Holder cannot re-delegate the power to any third party.Besides, selling properties where the owner has only right over possession and no right over ownership through PoA is also illegal. Proper transfer of title and ownership cannot take place, if the sale is done through a POA and not by means of a sale deed.
Thanks & Regards
Yes. You are right.
A power of attorney deed executed in a foreign country cannot be given in favor of a NRI or a foreign citizen.
She can give POA deed to any resident Indian in India and not living in a foreign country.
Yes, your mother may very well execute a special PoA in favour of her relative or friend in India for sale of the property. It has to be either notarized or attested by the Indian Embassy/ Consulate in the USA and adjudicated in India within 3 months of arrival here.
- Yes, you can sell the inherited land in India. after taking the POA from your mother , and the process will be same as it given to an Indian resident .
- The said POA should be notarized as per rule of US and attested from the Consulate of India
