• Power of attorney help for selling property in Hyderabad

My dad is not in physical condition to do execute sale of his property in Hyderabad, he would like to give power of attorney to me (his son). I live in USA, my dad lives in Hyderabad. I intend to travel to execute the sale when he is ready. Should we be preparing a GPA or SPA? What other considerations should I take into account ?
Asked 13 days ago in Property Law
Religion: Hindu

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8 Answers

Specific power of attorney has to be executed by your father on stamp paper of Rs 500 authorising you to sell the property in Hyderabad 

 

2) POA for sale has to be registered by your father  with sub registrar office 

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

SPA is enough in the above conditions. 

Prashant Nayak
Advocate, Mumbai
27278 Answers
88 Consultations

4.4 on 5.0

It is SPA. He can 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 his relatives/friend to sell the property.  Go to Indian consulate/high commissioner and get SPA attested which  the consulate official will readily do. 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 in Telangana  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 property can be sold by person named and proceeds can be deposited in your account. Office of district Registrar is in Kukkatpally, Hyderabad.

Ravi Shinde
Advocate, Hyderabad
2684 Answers
42 Consultations

5.0 on 5.0

Actually a resident Indian cannot give power of attorney deed to a foreign citizen, if you are not a foreign citizen, then you can act as your father's power agent to execute the sale deed on his behalf.

You can get the power deed prepared and registered in India after your arrival through a document writer available within the vicinity of the property.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

- Since, your father is residing in India, and unable to appear before the Registrar for executing the sale documents , hence can execute POA/SPA in your name. 

- But, the registration of this POA is mandatory for transferring the property on behalf of your father ,and for which he will have to approach the office of registrar personally. 

- Hence, you can move an application before the Registrar for engaging a concern staff to take the necessary signatures and thumb impression after visiting the residence of your father. 

Mohammed Shahzad
Advocate, Delhi
9905 Answers
121 Consultations

5.0 on 5.0

Dear client,

You should go for a SPA as it is for a specific purpose, i.e. selling of property. While an SPA is used for transfer of a specific right to the person on whom it is conferred, the GPA authorizes the holder to do whatever is necessary. 

Thank you

Anik Miu
Advocate, Bangalore
4775 Answers
52 Consultations

4.9 on 5.0

If it is for the sale of a specific property, a special PoA is required. A GPA may be executed in the case of multiple properties.

Swaminathan Neelakantan
Advocate, Coimbatore
1923 Answers
20 Consultations

4.9 on 5.0

While an SPA is used for transfer of a specific right to the person on whom it is conferred, the GPA authorizes the holder to do whatever is necessary.

In your case, your father will have to execute a general power of attorney in your favor which needs to be mandatory registered at Sub registrar office in the presence of two witnesses.

 

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

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