• Can I give my wife power of attorney to sell my apartment in Hyderabad? Can it be executed in my absence

If one undergoes criminal proceedings abroad, what financial arrangements we need to do ?


Like I have apartment , investment in shares, mutual funds bank account etc
can I give my wife power of attorney to sell it whenever we need in my absence? Or how to make my wife and children financially secure? If assets get fozen

Whom should we consult CA or lawyer 
Who prepares it
Asked 8 months ago in Property Law
Religion: Hindu

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12 Answers

Yes, you can give your wife a registered Power of Attorney (POA) to sell your Hyderabad apartment in your absence.

  • If abroad: sign POA at Indian Embassy → wife adjudicates it at Sub-Registrar in Hyderabad.

  • For selling property, registered POA is required (not just notarized).

If facing criminal proceedings abroad:

  • Assets like bank accounts, shares, property could be frozen.

  • Secure family by:

    • Making POA for wife.

    • Nominating her in bank accounts, shares, mutual funds.

    • Creating a simple Will.

    • Opening joint bank accounts (either-or-survivor mode).

 

Shubham Goyal
Advocate, Delhi
2112 Answers
16 Consultations

You can execute specific POA in favour of wife to sell the flat 

 

2) it should be duly stamped and registered 

 

3) POA is drafted by lawyer 

 

4) you can execute gift deed in favour of wife and children of your flat 

Ajay Sethi
Advocate, Mumbai
99841 Answers
8148 Consultations

It depends on in what criminal proceedings you are involved. Not all criminal proceedings will affect immovable property  in India. Only offence of terrorism, cyber crime will have bearing on properties in other countries. In such if properties are transferred after commission of offence that will not save the  properties from attachments and seizures. If of offence relates to other crimes like personal crimes, property offences, etc.  that will not affect properties abroad.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

You can very well give a registered power of attorney to your wife to sell your property and also to perform the related tasks of this property and also can include other movable properties also in the power deed if necessary.

criminal case pending in a foreign country will not automatically freeze an Indian bank account. However, a court or law enforcement agency in India can freeze a bank account if they have reason to believe it's connected to a crime, including a case pending abroad. 

T Kalaiselvan
Advocate, Vellore
90043 Answers
2498 Consultations

You can legally execute a power of attorney in favour of your wife to manage the affairs of the property mentioned in the said power of attorney But the power of attorney will be of no use if the assets are frozen.

it’s essential to put financial arrangements in place to protect your family and assets. Contact any experienced lawyer in India to put the financial arrangements in place

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Yes you can give once given she can sell in your absence 

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

Dear Client,

You may draw a registered General Power of Attorney in the name of your wife to control or dispose assets in your absence. Have the lawyer prepare the PoA and CA for financial planning and tax. If asset freezing is involved, legal structuring might be necessary.

Hope this helps you; if you still have any clarifications or issues, do not hesitate to ask.

 

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

gift deed is better 

 

2) execute specific power of attorney for each property separately and register it in city where property is situated or where you are residing 

Ajay Sethi
Advocate, Mumbai
99841 Answers
8148 Consultations

  • Registered POA is better for temporary control; Gift Deed is for permanent transfer.

  • One General POA can include multiple states' properties.

  • Register POA at sub-registrar where the property is located.

 

 

 

Shubham Goyal
Advocate, Delhi
2112 Answers
16 Consultations

If you want to sell the property then there's no necessity to transfer it by gift deed.

You can very well grant a registered general power of attorney deed in her favor.

You can include the property located in a different state also in the same power deed.

There's no infirmity in it.

T Kalaiselvan
Advocate, Vellore
90043 Answers
2498 Consultations

The location of property will be the place for registration 

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

- Yes, you can give a registered POA to your wife to sell that property if you are living in India

- Further , if you are living abroad then the registration is not mandatory , and a notarized and attested POA from the consulate can be given 

- If you give POA/GPA to your wife , then your appearance is not required for selling that property 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

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