• Registry through POA

I have purchased a property and seller lives out of India...and he appointed his relative for the registry via registered POA. Does registry with thus arrangement is valid
Asked 9 days ago in Property Law
Religion: Hindu

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8 Answers

Seller can execute registered POA in favour of family member to  execute sale deed 


sale deed would be valid 

Ajay Sethi
Advocate, Mumbai
92778 Answers
7130 Consultations

5.0 on 5.0

If the owner had executed a registered power of attorney deed in favor of a power agent, then the execution of registered sale deed executed by the power agent on behalf of his principal  in favor of the prospective buyer is very much legally valid.


T Kalaiselvan
Advocate, Vellore
82974 Answers
1980 Consultations

5.0 on 5.0

Yes but the POA needs to be registered 

Prashant Nayak
Advocate, Mumbai
30725 Answers
154 Consultations

4.1 on 5.0

Yes. PoA should be duly registered and be stamped. 

Siddharth Srivastava
Advocate, Delhi
1147 Answers

5.0 on 5.0

yes, valid, since the poa is registered/franked in India.

Vibhanshu Srivastava
Advocate, Lucknow
9524 Answers
290 Consultations

5.0 on 5.0


Where this POA executed ?

Yogendra Singh Rajawat
Advocate, Jaipur
22283 Answers
31 Consultations

4.4 on 5.0

- If the seller is living out of India , and unable to come to India , then he can give POA to any relative in India for executing the sale deed in the name of purchaser on his behalf.

- The said POA should be notarised as per rule of that country , and attested from the consulate of India. 

- If he is living out of India, then how the POA registered from India in his absence. It means that at the time of registration of POA he was in INDIA , and hence that is valid . 

Mohammed Shahzad
Advocate, Delhi
12115 Answers
169 Consultations

5.0 on 5.0

Dear Client
The validity of a property registry arrangement where the seller appoints a relative via a registered Power of Attorney (POA) can vary depending on the laws and regulations of the specific jurisdiction where the property is located. Here are some general considerations:

Validity of the POA: First and foremost, the POA itself must be valid and legally recognized in the jurisdiction where the property is located. This typically involves ensuring that the POA is properly executed, notarized, and complies with local laws.

Specific Powers Granted: The POA document should clearly state the specific powers granted to the relative. It's essential that the POA explicitly authorizes the relative to execute the property sale or registry on behalf of the seller.

Local Laws and Regulations: Different jurisdictions may have specific rules and regulations regarding the use of POAs in property transactions. Some jurisdictions may require additional documentation or may limit the use of POAs in property transactions.

Verification of the Relative's Identity: The authorities overseeing the property registry may require verification of the relative's identity and relationship to the seller to ensure that the POA is not being misused.

Title Search and Due Diligence: It's crucial to conduct a thorough title search and due diligence on the property to ensure that there are no existing disputes or encumbrances that could affect the validity of the sale.

Legal Advice: It's highly advisable to consult with a local attorney who specializes in real estate law in the jurisdiction where the property is located. They can provide guidance on the specific legal requirements and potential challenges related to the use of a POA in property transactions.

Consular Attestation: If the seller is a non-resident of the country where the property is located, consular attestation of the POA may be required in some cases. This involves having the POA authenticated by the consulate or embassy of the seller's home country.

Recording the Deed: After the property registry is completed, it's important to ensure that the deed is properly recorded with the relevant local authorities to establish clear ownership.

In summary, the validity of a property registry arrangement using a POA appointed to a relative can depend on a variety of factors, including local laws, the specific language and powers granted in the POA, and any additional requirements in the jurisdiction. It's crucial to seek legal advice and follow the proper procedures to ensure the transaction is valid and legally recognized.

Anik Miu
Advocate, Bangalore
7720 Answers
88 Consultations

5.0 on 5.0

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