• General power of attorney

Hi,
Can anyone help me draft a general power of attorney. I need to give it to my brother who in turn will require it for sell of a property jointly in the name of my father, me and my brother. 
I live in Germany and i am looking for ways to avoid travel to india for this purpose. If anyone can guide me to the entire process of drafting and authenticating a power of attorney that can used during the sell process and transferring the concerned property to a new buyer. 

Thank you,
Satish
Asked 3 years ago in Property Law
Religion: Hindu

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13 Answers

You can execute specific POA in favour of brother to sell your share in property 

 

2) engage any lawyer for drafting POA 

 

3) it should be attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
99841 Answers
8148 Consultations

Notarised POA is not sufficient for sale of property 

 

it should be attested before Indian consulate 

 

always advisable to go in for specific POA 

Ajay Sethi
Advocate, Mumbai
99841 Answers
8148 Consultations

Hello. I can help you with that. Please specify as to what are your requirements.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yeah that can be done. It has to be attested and then sent to the person in India.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can make POA to transfer legal title in your brother favor in front of Indian embassy or consulate sitting in Germany.

 

And the same Consulate documents can be registered here in India and your brother or relative proceed further accordingly.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. I am ready to offer legal services to prepare the GPA and if interested, you can contact me through Kanoon.com.

2.  The GPA has to be attested by an official of the Indian Consulate or it can be attested by a Notary in Germany and sent to India, which has to be adjudicated in the jurisdictional District/Sub Registrar's Office in India.

 

 

 

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Dear client you can search for a lawyer and then proceed with it.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

Any lawyer on this portal can help you in drafting the power of attorney based on your requirements.

The POA must be duly stamped, notarized or adjudicated as per the case.Power of Attorney executed abroad should be authenticated by an Indian Embassy and stamped.

It should be registered within three months after receipt in India.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Notorized POA would not be valid if executed abroad. 

POA executed outside India is proven through an apostalisation which is governed by Hague Convention, 1961 and would be required in your case.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You can contact any lawyer of this forum over phone or any other mode o contact or even a lawyer out of this forum, give him/her the details of property and particulars of principal and power agent, he may assist you to prepare a proper power of attorney deed and guide you the further steps to be followed in this regard,

T Kalaiselvan
Advocate, Vellore
90043 Answers
2498 Consultations

The General power of attorney deed also should contain the details of the properties that are required to be transacted through this power of attorney deed by the selected power agent without which the power agent may not be able to do any transaction.

The power of attorney deed can be attested by a notary public too of that country.

T Kalaiselvan
Advocate, Vellore
90043 Answers
2498 Consultations

- Since, you are living abroad , then you can give POA to your brother wihout coming to India

- The said POA should be notarized as per rule of Germany and attested from the consulate of India. 

-  As per law, a GPA should be registered from the office of the registrar , and your presence is needed in India to give GPA , hence the said POA will serve your purpose. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

from your first query what i understand is that you will need a special poa and not a general poa since you want to give power to sell to your brother so that he can sell your share in the property 

also do check the state law in which the property is situated since a poa containing a power to sell clause would require registration. however some states exempt the registration if the poa is granted to a specified blood relative and not to a stranger third party

from your follow up i understand that you need a general poa which would give powers to deal with several properties for their day to day management and affairs

be it a general or special poa, the same can be signed by you before the Indian consular /embassy office in Germany and post that you can courier it to the grantee who can accept and sign on the poa before a notary public in India

if the poa is to be used also for complying with the registration formalities on your behalf in respect of the sale deed to be executed with the proposed buyer, then such poa has to be signed before the consulate/embassy and not before a notary public 

Yusuf Rampurawala
Advocate, Mumbai
7901 Answers
79 Consultations

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