• POA for selling joint property in India

My wife and I jointly own an apartment in Mumbai bought in 2005 when we were living in Mumbai and were indian residents. We bought directly from the builder. Later on we moved to UK and both are now OCI Holders. We are planning to sell the flat. since we both can't travel so I am thinking that wife gives power of attorney to me to perform selling formalities in Mumbai.
What is the process of creating the right kind of power of attorney, ie any special or general POA do I need for this purpose ? After getting from Hcilondon, do i have to register in mumbai ?
Asked 3 years ago in Property Law
Religion: Hindu

9 answers received in 1 day.

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11 Answers

1. Your wife may execute a SPA or GPA in your favour. If it's only for selling the property, SPA will suffice. 

2.  The POA executed by your wife has to be notarized/ countersigned by the Indian Consulate in U.K. and then it has to be adjudicated in the jurisdictional District Registrar's Office in Mumbai.

3.  After following the above procedure, the POA would be legally valid for you to sell the joint property to a prospective buyer in India, by acting as Attorney to your wife, on her behalf. in respect of her share in the joint property.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Specific power of attorney can be executed in favour of wife to sell property 

 

2) it should be on Rs 500 stamp paper 

 

3) it should be attested before Indian consulate in UK 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

Yes you can create general or special any kind only the averments in the said poa should be proper. You need to get the poa attested in indian embassy UK and then register in mumbai

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

She should draft a POA on 100 rupees stamp paper giving power to you to sale and register sale deed in favour of buyer. Take the  POA to High Commissioner and get it attested. He will put his seal and signature. Take the  POA to district Registrar Mumbai who will validate it by putting his stamp charging nominal fee. With the  validated POA you can register the  property for yourself as well as you wife.  

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

Any power of attorney executed outside India should be attested by a notary public of that country and then apostilled by Indian Consulate. The deed of POA executed outside India are proven through an apostallisation process which is governed by the Hague Convention, 1961. Also known as superlegalisation, apostille is a certificate which confirms and verifies the signature/seal of the person who authenticated the document.

 Such documents need to be stamped within three months from the date of receipt in India, to be payable at the district sub-registrar's office.

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You may jointly execute a special PoA in favour of any relative or friend in India specifically for the purpose of selling the property. It has to be either notarised OR attested by the Indian High/Deputy Commission in the UK. Within 3 months of its arrival in India, it needs to be adjudicated (assessed for stamp duty) at the land registry within whose jurisdiction the property lies. Then the power agent may proceed to sell the property.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

She can give a special power of attorney to sell the property and execute the sale deed on her behalf to any resident Indian back in India. 

Since you are an OCI, the power deed given in your favor may not be legally valid. 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

- Since , you both are joint owner of the said property , hence both having equal share in the property , and each of you having his right to sell respective share .

- Hence, she can give POA /SPA to any relative or nearest one in India for selling /transferring/ executing documents on her behalf .

- The said POA /SPA should be properly notarized as per rule of UK and attested from the Consulate of India. 

- Further , registration in India is not mandatory for getting said work 

- Since, you are also an OCI , then you cannot get the POA/SPA for the said work from your wife. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Dear Client,

Make sure that the POA is in he Indian format. The Indian Power of Attorney will require you to have two witnesses who will sign the document. You must ensure that the witnesses are not related to you or do not benefit from the execution of Power of Attorney in any way.

You will all need to provide photographic proof of identity, hard copies of passport and proof of address. 

Get it legalized for use in India. You will also have to get it notarized from a notary. Get the document attested by HCI. You will have to register it in sub-registar's office in Mumbai.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

You can get POA register in the office of Indian Embassy  or Consulate and get register in Sub-Registrar office in India. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can send Power Attorney from abroad duly attested by consulate there in favour of any person in India.

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

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