• Rectification deed in my name with power of attorney

Hi, I want to do a rectification deed in my name( as buyer/ existing owner of property) for my property using power of attorney. Is it possible to do so. I live in USA . If so what type of power of attorney is required special power of attorney or general power of attorney
Asked 12 months ago in Property Law
Religion: Hindu

8 answers received in 1 day.

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10 Answers

Yes it can be done from USA through your poa

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Special power attorney should be executed by the principal

it should be duly registered with the sub registrar office

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Either of the two POA  you have mentioned is enough to execute and register a deed of conveyance provided the same is given to your blood relative. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

What you intent to do is execution of sale deed through GPA executed  in U.S. You can very much register such sale deed in your favour through GPA. Draft a GPA giving authority to any of your friend/relative to purchase property in your name. Get the  GPA notarized by notary public of the  State in which  you reside. Send the  GPA to the  person  named he will get the  GPA  validated by District Registrar, produce the  same to the  office Sub-Registrar and get the  property registered in you name as purchaser. It is not rectification deed. A rectification deed can be executed  only for correction mathematical or typo in registered document.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

Special PoA

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Yes, it is possible to get a registered rectification deed executed in your favor through your power agent back in  India.

You can execute a special power of attorney mentioning this task alone in the power deed from the country of your residence in favor of the chosen power agent. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

To execute a rectification deed for property in your name using a Power of Attorney (POA) while you reside in the USA, you'll need to follow specific steps and ensure that the POA is correctly structured. Here's how you can proceed:

1. Type of Power of Attorney Required


  • Special Power of Attorney (SPA): For executing a rectification deed, you will require a Special Power of Attorney. This type of POA is specifically drafted to grant authority to the attorney-in-fact (the person you designate) to perform specific acts on your behalf, such as correcting the title, boundary, or any other specific error in the property documents.

  • General Power of Attorney (GPA): This grants broader powers to manage a wide range of activities on your behalf but is not recommended for specific transactions like a rectification deed due to its general nature.

2. Drafting the Special Power of Attorney


  • Specificity: The SPA should clearly state the specific powers granted to the attorney-in-fact, including handling all matters related to the rectification deed, such as signing documents, paying necessary fees, and communicating with the registration office.

  • Legal Requirements: Ensure that the SPA complies with both the laws of the state where the property is located and any relevant U.S. state laws where you are residing. It must include your details, the attorney-in-fact's details, and a detailed description of the rectification task.

3. Legalization of the Power of Attorney


  • Notarization: First, the POA document should be notarized in the USA.

  • Apostille or Indian Consulate Attestation: Since the USA and India are both signatories to the Hague Apostille Convention, you should get the POA apostilled for it to be legally recognized in India. Alternatively, it can be attested by the Indian Consulate or Embassy in the USA.

4. Use of POA in India


  • Submission to Sub-Registrar: Once the POA is apostilled or attested, send it to your attorney-in-fact in India. They will need to present the original POA along with other necessary documents to the Sub-Registrar’s office where the property is located to execute the rectification deed.

  • Registration: The rectification deed, once signed by your attorney-in-fact using the powers granted in the SPA, must be registered with the relevant local authorities to become effective.

5. Additional Considerations


  • Validity: Check the validity of the POA as some states in India have specific time limits after which a POA becomes invalid unless re-validated.

  • Trust: Ensure that the person you are appointing as your attorney-in-fact is trustworthy and understands the legal implications of the tasks at hand.

6. Consult a Lawyer


  • Legal Advice: It is advisable to consult with a property lawyer in India to ensure that all legal formalities are correctly followed and that the POA is drafted in accordance with all applicable laws.

Executing a rectification deed via a Special Power of Attorney is a common practice, especially for property owners residing abroad. Ensuring that the POA is correctly drafted and legalized will help smooth the process without your physical presence in India.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
2070 Answers
14 Consultations

Yes, it is possible to execute a Rectification Deed using a Power of Attorney (POA) even if you are living in the USA.

You can authorize someone in India to act on your behalf to execute the Rectification Deed. The type of POA required would generally be a Special Power of Attorney (SPA), as it would be specific to the transaction of executing the Rectification Deed for your property.

The Special Power of Attorney should clearly specify the power to execute the Rectification Deed and any related activities such as signing documents, appearing before the authorities, etc.

Here are the steps you need to follow:

  1. Draft the Special Power of Attorney: This document should specifically mention the powers granted to your attorney to handle the rectification process and sign the deed on your behalf.

  2. Notarization: The Special POA should be notarized in the USA before being sent to India.

  3. Apostille/Consular Attestation: You may need to get the POA apostilled or attested by the Indian consulate in the USA to make it legally valid in India.

  4. Registering the Deed: Your attorney can then execute the Rectification Deed on your behalf before the Sub-Registrar office in India, based on the authority granted in the POA.

It is advisable to consult with a local lawyer in India to ensure that the POA complies with Indian laws and that the process is completed smoothly.

Aman Verma
Advocate, Delhi
502 Answers

1. Normally POA is not not allowed for registering Deed of Conveyance or for its rectification.

 

2. Your case is fit to be allowed since you stay abroad and is not in a position to appear before the Registrar for registering the said Rectification Deed.

 

3. GPA will be enough but it has to be executed and vetted before and by the appropriate officer of your local Indian Consulate as prescribed in law.

 

4. Contact your Advocate to draft and organise its execution and vetting as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

- You can give POA to any relative or nearest person to appear before the Registrar to execute the Rectification Deed. 

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

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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