1) you should get POA attested before Indian consulate
2) mere notarised POA is not sufficient
Selling property in India
Hello I and my husband are citizen of USA and Live in USA. We have a property in India that we need to sell. We were suppose to go to India on the 7th but my husband got sick and cant go due to his Health issues. He has given me POA and i got it Notarized. What else do i need to take with me? Do i need approval from consulate of India, I have been getting different answers. I will be traveling without him and i got POA what else do i need to do. Please help, I'm so confused. Thank you so much.
Asked 4 years ago in Property Law
Religion: Hindu
10 Answers
Get the POA attested by Indian Consulate as the SRO may not entertain any notarized POA.
A notarized POA can also be attested.
A notarised PoA from the indian consulate. I can send you a sample of the attested copy of tge PoA if you want.
It is of a client of mine.
If the POA given by your husband in your favour is either notarized or countersigned by Indian Consulate Officer, then it has to be adjudicated in the jurisdictional District Registrar's Office in India. Based on the adjudicated POA, you can execute the sale deed in favour of the prospective buyer, on his behalf, in the jurisdictional Sub Registrar's Office.
A foreign citizen cannot give power of attorney deed to another foreign citizen for completing the tasks pertaining to immovable properties located in India, even though he is your spouse.
The POA deed may have been attested by a local notary public or by an official of Indian embassy, but it has to be first adjudicated by the concerned sub registrar where the property is located.
He can give POA deed to any resident Indian in order to perform the task on behalf of him.
The area Sub registrar can clarify as offices across follow different methods. Inform someone to check with Area Sub registrar and complete the process.
G.RAJAGANAPATHY
If the PoA has been notarised in the US, you need to get the original adjudicated by the land registry within whose jurisdiction the property intended for sale is situated. Then, you may proceed to execute and regsiter the sale deed based on the PoA.
- As per rule , an NRI principal does not have to be in India at the time of execution of POA.
- Further, the registration of a POA can be done in the country of their domicile through the Indian embassy.
- Since the said POA is notarized as per rule of US , then it should be attested from the consulate of India
You need to get the poa attested through consulate and then register in India
Dear Client,
If you are a Non-Resident Indian, you can sell the property to a Resident Indian without restrictions. If the buyer is a Non-Resident Indian or a Person of Indian Origin (POI), you may need the approval of the Reserve Bank of India (RBI). You are not allowed to sell the property to a foreigner.
Thanks & Regards
