• POA from wife for Purchase of Land

Dear Sir, 
I and my wife currently living in Mumbai and wanted to purchase land in Bihar in Joint ownership. My wife cannot travel because of little kids so thought to get POA get property registered in joint ownership. 
Please advise: 
1) In this case, how can I go about registering a property in joint ownership with her as the first owner and I as second?
2) Can I get her do a specific PoA in my favour that I can use to register the property in joint names? What is the process and can it be done ? 
3) Alternatively, should my wife give a specific PoA to her Father or Mother who is in Bihar and have him/her represent my wife for Sale deed registration? What is the process for the same and any legal or other challenges in the process ?
4) If option 2 or 3 is applicable do i need to get certified POA or any other document to show registrar for registry of property ?
Asked 1 year ago in Property Law
Religion: Hindu

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22 Answers

Your wife should execute POA in favour of her mother or father 

 

2) it should be registered in Mumbai 

 

3) on basis of said POA her father or mother can sign the sale deed  for purchase of property 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

Wife cannot travel to place of registration of property, Bihar. The  problem is even POA/GPA/SPA for transfer of property has to registered only at the  place where the  property is situated. Registration  of shares. There is no procedure under Registrar Act to get a above registered at the  different than the  place of property.  The  irony that such POA/SPA/GPA can be registered from abroad for transfer of property India but the  same procedure is not available within India.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

1. You can get a power of attorney deed from her authorizing you to purchase the proeprty ion her behalf too, you can inform the document writer to put her name as 1st  purchaser and yours as second. 

2. You can get the POA deed executed in your favor, get it registered and use it for the purpose.

3. There is no hard and fast rules about it, you can decide based on the circumstances. . 

4. You have to get the original POA deed to be produced before registrar and this deed has to be executed on a registered document

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

- If your wife is unable to move Bihar for the said purpose, then she can execute a registered POA in favour of her close relative like her father .

- The appearance of that relative i.e. father is not necessary before the Registrar in Mumbai for executing the said POA. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

  1. You need to execute the POA in accordance with stating the contents much more clear and to the point for avoiding any legal hurdle in future.
  2. Yes, it needs to be registered before the authorities at the place where it will be executed like the present place  when your wife is at right now.
  3. And the Hon'ble Supreme Court is more specifically denied the sanctity of the POA while sale and purchase of the property, having certain exceptions in case of purchase. So, be cautious about the same while drafting the POA.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

1. Let your wife authorise you through SPOA, so that you can sign/execute the sale deed on her behalf.

2.  Yes, as you have rightly suggested, let her give registered SPOA in your favour . The process is simple, arrange to prepare SPOA document by any Lawyer and get it registered in the Sub-Registrar's Office in Mumbai. After registration of the SPOA document at Mumbai, travel to Bihar, arrange to prepare Sale Deed for purchase of land through a Lawyer and get it registered in the jurisdictional Sub Registrar's Office in Bihar.

3.  Alternatively, let your in-laws (either your father-in-law or mother-in-law) travel to Mumbai and get the SPOA registered by your wife in favour of your father-in-law or mother-in-law and carry the SPOA document to Bihar.

4.  Both (2) or (3) is applicable. You can show the registered SPOA document to the jurisdictional Registrar , Bihar, at the time of registration of sale deed.

Shashidhar S. Sastry
Advocate, Bangalore
5112 Answers
314 Consultations

5.0 on 5.0

Dear client,  she can register general or special power of attorneys for thus purpose. She can also maje this document  in favour of anyone.

Anik Miu
Advocate, Bangalore
8857 Answers
110 Consultations

4.7 on 5.0

1. You can register it by doing registration process before sub registrar office. 

2. Yes

3. She can do that

4. Yes you need to certify it from embassy or consulate

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

1. A special POA can be granted by your wife in your favour 

2. Yes can be done. Prepare a special poa and have it signed before the jurisdictional sub registrar having jurisdiction over the place where the grantor is residing. So the said poa has to be signed before the sub registrar of assurances at Mumbai 

3. That can also be done. Whatever is convenient 

4. You will need a poa which is duly signed before the concerned sub registrar of assurances 

Yusuf Rampurawala
Advocate, Mumbai
7510 Answers
79 Consultations

5.0 on 5.0

1. Your wife can execute a POA in favour or yourself or her father mentioning therein that she is indisposed and can not travel to Bihal to register the sale deed jointly with her husband.

 

2. You shall have to submit the original POA to the Registrar before he registers the sale deed jointly in the name of herself and you.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Your wife may execute a special PoA either in your name OR in any of her parent's name for the purchase of the property in Bihar. It needs to be properly drafted, executed and registered in Navi Mumbai registry. It is the valid throughout India. In the sale deed, ensure that the names of the purchasers are in the same order you require. The original PoA has to be produced before the Bihar registrar the time of registration of the sale deed.

Swaminathan Neelakantan
Advocate, Coimbatore
2794 Answers
20 Consultations

4.9 on 5.0

There is no bar from executing POA in favour of family member 

 

your wife can execute POA in favour of family member for purchase of property and title would be clear and marketable 

 

not necessary that parents should be present in Bombay for registration of POA 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

There are many legalities while drafting the POA for the purchaser, it is not the same as for selling a property as it is been in practice that seller should have more clearance from the other co-members. But, it case of purchase, it is the POA to be looked into.

Rest, can have a detail conversation with respect of the issue so raised.

regards 

Advocate Sanjay Baniwal

[deleted]

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

1. Earlier in order to save stamp duty people used to sell property by giving an irrevocable POA to purchaser alongwith a Will in which the property being sold would be bequeathed to the purchaser. The irrevocable poa would authorize the purchaser to do various things in respect of the property which an owner can do. Both the irrevocable poa and Will attracted no stamp duty. So SC held that such property transactions are illegal. In your case that is not so. Your wife is only giving you a poa to sign on the sale deed on her behalf and to complete the registration formalities on your behalf. Full stamp duty will be paid on the sale deed. In the cases before SC the parties did not enter into any sale deed which attracted stamp duty 

2. Title will be clear. You are only acting as her poa restricted for the aforesaid purpose 

3. Not required. 

Yusuf Rampurawala
Advocate, Mumbai
7510 Answers
79 Consultations

5.0 on 5.0

1.  It's true that the Hon'ble Supreme Court has ruled that the transfer of property through unregistered POA is Null and Void. In the instant case there's no transfer of property through POA , but you would only be signing the sale deed, on behalf of your wife . Hence it will be in order.

2.  There would be no legal problems if your wife authorises you to sign on her behalf through registered POA.

3.  In case your wife authorises her mother or father, then her mother or father should be physically present in the jurisdictional Sub Registrar's Office in Mumbai.

 

 

Shashidhar S. Sastry
Advocate, Bangalore
5112 Answers
314 Consultations

5.0 on 5.0

1. This power of attorney that your wife would be executing in your favor is for authorising you to purchase of property on her behalf.  This has nothing to do with the supreme court judgment in this regard.

2. The title to the property shall be transferred to her name by the seller and the power agent is just an instrument to  make it happen in her absence to sign the deed on her behalf. 

3.  The power of attorney given in anyone's favor has to be by a registered document and the principal has to appear before the registrar to get it registered. However it may not be necessary for the power agent to be present before the registrar to confirm the acceptance. 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

In 2011, the Supreme Court ruled that property sale through power of attorney (PoA) is illegal and only registered sale deeds provide any legal holding to property transactions.

The legislation defined the power of attorney as an instrument empowering a specified person to do any act on behalf of the person executing the transaction,.

This power of attorney deed  that your wife would be executing in your favor is for authorising you to purchase of property on her behalf.

This has nothing to do with the supreme court judgment in this regard.

 The title to the property shall be transferred to her name by the seller and the power agent is just an instrument to  make it happen in her absence to sign the deed on her behalf. 

The power of attorney given in anyone's favor has to be by a registered document and the principal has to appear before the registrar to get it registered. However it may not be necessary for the power agent to be present before the registrar to confirm the acceptance. 

Owing to the convenience it provides, a POA is also handy for extremely busy people, such as businessmen and people who cannot perform various personal and professional tasks.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

Poa is valid. Sale in case of only poa and not sale deed is not valid. 

If it's transferred through poa its invalid

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

1. The Apex Court has debarred the sale through POA in its Judgement passed in the year 2012 in the case of Surya Electric ....Vs.......The State of Haryana. This was for stopping multiple sales through POA avoiding Registration fees and it was primarily in case of POAs executed in favour of non relatives. In cases of relatives and persons who are unable to move to the concerned Court, such sale through POA is accepted by the Registrar.

 

2. & 3. In your case, the POA is being registered in favour of relatives when she is unable to travel to Bihar. For registering the POA or any document, both the parties shall have to be present before the Registrar. 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

You can get her POA registered at Mumbai in your favour to get the property registered in your joint names at Bihar.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

POA  can be executed in favour of family member as per SC judgment 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

The SC ruling is grossly misunderstood. Your wife can legally execute a PoA in your favour. The sale deed will be perfectly valid in law, not to worry unduly. No need for executing a PoA in favour of your in-laws by inconveniencing them.

Swaminathan Neelakantan
Advocate, Coimbatore
2794 Answers
20 Consultations

4.9 on 5.0

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