A power of attorney can be given to the 2nd co owner and he can sign and register the property on his and the second co owners behalf.
Are both co-owners required to be present at sale registration time
Are both co-owners of property (flat) required to be present in Chennai Registrar's office for sale registration. Or can one co-owner give Power of Attorney to other co-owner and have that co-owner complete all formalities in Registrar's office during sale registration. Basically, one co-owner is living abroad and cannot come to Chennai for sale registration. The other co-owner is also living abroad but is able to come to Chennai for sale registration.
Asked 3 years ago in Property Law
Religion: Hindu
8 Answers
Co owner has to execute POA on favour of close blood relative to execute sale deed in his behalf
it should be attested before Indian consulate
You need not come to India to sell immovable property. 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/coowner to sell the property. Go to Indian consulate/high commissioner and get SPA attested which the consulate official will readily do. GPA 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 property can be sold by GPA signing for himself and other coowner and proceeds can be deposited in your account.
Dear client, Appear at the sub-registrar office: Once the deed is ready, both the parties need to present at the sub-registrar office with all relevant documents, such as your photographs, identity proofs, etc
As you have rightly suggested, one co-owner can authorise the other co-owner to represent him, on his behalf, in the Sub Registrar's Office in Chennai, by authorising him through registered POA.
Either both can come in person or one of them can give POA deed in favour of the other co-owner
If the principal is a NRI or a Foreign citizen then he or she can give POA to a resident Indian only.
Both co-owners have to be necessarily present for the registration. It is, however, perfectly legal for any of them to be represented by his/her power agent. A special PoA has to be executed abroad and either notarized or attested by the Indian Embassy/Consulate there. Then, within 3 months of its arrival in India it has to be adjudicated at the land registry within whose jurisdiction the property lies. Once it is done, the power agent can sign and register the sale deed in favour of the buyer, along with the other co-owner.
Yes id not there must be poa of other co owner
