Hi, in Single Power of Attorney both you and your wife can executed Power of Attorney in favor of your father.
Power of Attorney
I've a flat in Bengaluru Me and wife are Co -owners of this property. This property is registered Our current residence is in Canada and we both are Canadian citizens. I have sold my flat. Can Me and my Wife give Power of Attorney to my Father to get the sale deed registered on our behalf? Will this require two separate PoAs done, one by me and second by my wife? Both, in the name of my Father Please assist me with this information? Thanks
Asked 2 years ago in Property Law
Religion: Sikh
11 Answers
You can execute POA in favour of father for registration of sale deed
it should be attested before Indian consulate
your wife should execute separate POA in favour of family member for registration purposes
As you and your wife are co-owners of the property, both of you can jointly execute a special PoA in favour of your father. There is no need to execute separate PoA's. Please get it suitably drafted by a lawyer and get it attested by a Notary in Canada after you both have signed. Then send the original to your father. Within 3 months of receiving it in India, your father has to get it adjudicated (meaning, assessed for stamp duty) by the land registry under whose jurisdiction your property falls. Once it is done, you father can legally act on the PoA on your behalf.
- Since, you both are the joint owners of a single flat , then you can execute one POA in favor of father for appearing before the registrar and to transfer the property on you both behalf.
- The said POA should be properly notarised as per rule of Canada, and attested from the consulate of India.
You can perform single POA in Canada in the front of Indian Embassy, where you both husband and wife will be present.
Ask the same POA will be registered here in India by your father, so he will get full rights to sale the flat.
Since the property is on the joint names, you and your wife can execute a joint power of attorney deed in favor of your father to execute the registered sale deed on your behalves,.
There is no legal infirmity to do so.
Yes, you and your effect can appoint uour father as special attorney for registration of sale deed. You both can executed seperate SPA which best mode.
In India, a Power of Attorney is a legal document that allows one person (the principal) to give another person (the attorney-in-fact or agent) the authority to act on their behalf in various legal and financial matters. The PoA can be specific or general, and it can be used for a variety of purposes, including property transactions.
Dear Client
In your case, if you and your wife want to appoint your father as your attorney-in-fact to represent both of you in the sale of your flat in Bengaluru, you can do so. However, you will typically need to execute separate PoAs, one for you and one for your wife, as you both are co-owners of the property. Each PoA should name your father as the agent and specify the powers you are granting to him.
Here are the general steps to create and use a PoA for property transactions in India:
Draft the PoA: The PoA document should clearly outline the powers you are granting to your father, including the authority to sell the property and handle all related transactions.
Get it notarized: The PoA should be executed on a non-judicial stamp paper of the appropriate value and should be signed by you and your wife in the presence of a notary public or magistrate. You may also need to sign it at the Indian consulate in Canada to make it legally valid in India.
Register the PoA: If the PoA is for selling immovable property, it is advisable to register it at the local sub-registrar's office where the property is located. This will provide additional legal validity and prevent misuse.
Use the PoA: Your father can use the PoA to complete the sale of the property on your behalf. He will need to provide the PoA document to the buyer, and the buyer's lawyer will likely want to verify its authenticity.
Revocation of PoA: If needed, you can revoke the PoA at any time by following the legal process, which may involve notifying your father and registering the revocation with the relevant authorities.
A joint POA can also be executed but registration of POA is mandatory
Yes, two different POAs, one by you and the other by your wife authorizing your father to represent you both in the sale transaction. Perform the necessary formalities on the POA as the Embassy and then make sure that the POA when received by your father in India, is taken by him to the SRO Office for further formalities, i.e., attestation.
regards
Yes.
Single POA suffice.
