• Need clarity on Power of Attorney

Hi , 

I work abroad and for newly bought flat i am planning to give Power of attorney to my mother to complete flat registration and other formalities in my absence . 

Rera for this flat is not yet received by builder hence he is not able to give exact address .

Ideally Power of attorney for property purpose is applicable to single property where address of property is clearly mentioned in Power of attorney .

In absence of rera , can i create generic Power of attorney applicable for all properties where my mother can complete any property related formalities eg registration etc in my absence without mentioning address of specific property ?
Asked 22 days ago in Property Law
Religion: Muslim

8 answers received in 1 day.

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11 Answers

Yes you can execute registered gpa for all properties 

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

The Power of Attorney (PoA) for property dealings must be specific, clear, and unambiguous — especially when it involves execution of sale deed, registration, or possession.

Under Section 32 & 33 of the Registration Act, 1908 and the Indian Stamp Act, the Sub-Registrar will accept a PoA only if it clearly identifies the specific property (with address, survey number, flat no., or identifiable description).

So, a generic PoA for “any property” is not acceptable for registration or sale deed execution, because:

The Sub-Registrar must verify the property description before allowing registration.

You can issue a general PoA in favor of your mother authorizing her to:

Liaise with the builder, bank, RERA office, or government departments,

Sign applications, affidavits, forms, or agreements related to purchase of flat,

Receive communications and make payments,

BUT not to execute or register any sale deed until a specific PoA is executed.

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

You can execute general power of attorney in favour of mother in respect of all properties purchased by you 

 

if you are staying abroad POA should be attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

Perhaps only the premises/holding number is missing now. Even if it is not there the address of the land where this falt is being built must be there.

You can always mention the general address of the project with or without your flat number and can validly execute a POA in favour of your mother. No issue on this. 

Devajyoti Barman
Advocate, Kolkata
23647 Answers
537 Consultations

No, you cannot create a generic POA for "all properties" without specific addresses.

Why:
Sub-Registrar will reject it—property must be clearly identified (address, flat number, survey number).​

Solution: Two-Tier POA

  1. Tier-1 (Now, before RERA): General POA for communication, payments, possession—no address needed

  2. Tier-2 (After RERA): Specific POA with exact property address for registration & sale deed​

Result: Your mother can handle pre-transfer work now; registration happens once you have the official address.

Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

i need to understand what you mean by 'rera for this flat is not yet received'

i assume that the project is not yet registered with rera?

if the project is not registered with rera, the builder cannot legally sell any flats in that project

if he is selling any flat to you, you ought to know its details

a general power of attorney can be made for all properties owned or to be owned/allotted but there may be issue with the sub-registrar office while registering the agreement for the subject flat [for which you say that 'rera is not received']

the sub-registrar needs to ascertain that the power of attorney granted to your mother is among other things for the flat [for which rera is still not recevied] and so the details of that flat would be an essential and indispensable requirement for smooth registration 

Yusuf Rampurawala
Advocate, Mumbai
7896 Answers
79 Consultations

You cannot use a completely generic Power of Attorney in which you authorise your mother to handle “any property” or “all property-related matters.” For registration of a flat, the Sub-Registrar requires that the property be identifiable. A very broad or vague POA will be rejected.

However, you do not need RERA details or exact final flat number to execute a valid POA. As long as the specific project and your intended flat can be identified in some manner, you can make a legally acceptable POA even before RERA details are issued. You can base the POA on the following identifiers:

– Name of the builder
– Name of the project
– Location and survey/plot details
– Provisional flat number or floor
– Booking date or customer ID, if available

You can expressly state that your mother is authorised to sign all documents required for completion of the purchase of the flat booked by you in that specific project, and that she is authorised to sign the final sale deed once the builder allots the exact flat number. Sub-registrars routinely permit this because the transaction relates to a known project and a specific booking, even if the final number or RERA details are pending.

What you cannot do is issue a POA that says your mother can buy, sell, or register any property on your behalf without identifying the property. That type of POA will not be accepted for property registration under Indian law.

The most practical solution is to prepare a Power of Attorney describing the project and the booked flat with whatever details are available, and giving your mother authority to sign all documents—including the final registration—once the builder issues the final allotment letter. You can execute this POA either before the Indian Embassy or as a notarised foreign POA and have it adjudicated in India.If you wish to contact us, you may do so on https://qrco.de/syslaw

Yuganshu Sharma
Advocate, Delhi
943 Answers
2 Consultations

one can execute a generic Power of Attorney (POA) for “any property” without specifying the address.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Dear Client,
For a property-related Power of Attorney, the law requires that the POA clearly mention the specific property details (flat number, project name, survey number, builder name, etc.). A generic POA covering “all properties” is not accepted for registration of a flat, because the Sub-Registrar must verify that the POA authorises your mother for that particular property.

Since the builder cannot give the final RERA-approved address yet, you can still execute a specific POA by mentioning all current identifiable details, such as:

  • Project name and builder’s name

  • Provisional flat number / proposed flat number

  • Survey number / CTS number of the land

  • “Any updated RERA/official address allotted later shall also be covered under this POA”

Such POAs are routinely accepted because the property is identifiable even if the final RERA number or postal address is pending. A generic blanket POA for “any property” will likely be rejected for registration and is unsafe legally.

I hope this answer helps. For any more queries, do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
11005 Answers
125 Consultations

- Yes, you can give a POA to your mother after stating the same content which you having regarding the said flat from the builder. 

- The said POA should be notarized as per rule of that country of reside

- Further, attested the same POA from the consulate of India. 

Mohammed Shahzad
Advocate, Delhi
15794 Answers
242 Consultations

You are right that under Indian law, an OCI/foreign citizen cannot acquire agricultural land through purchase or gift. Only inheritance is permitted. Since the transfer was done through a gift deed in 2024, even though the authorities registered it, the transaction is technically voidable under FEMA guidelines.

To correct the situation and avoid any future legal complications, there are two lawful options:

1. Execute a Cancellation (Revocation) Deed of the Gift
If the gift deed was registered and there was no consideration involved, the simplest legal remedy is a registered deed of cancellation, executed by both:

  • the original donor (your father), and

  • the donee (you).
    This revokes the gift with mutual consent. After registration, the land title automatically reverts to your father in the revenue records. This is legally valid and commonly used in such situations.

2. Re-transfer the land back to your father through another registered deed
If, for any reason, the Sub-Registrar does not accept a cancellation deed, then you can execute a fresh registered gift deed returning the land to your father.
This is not considered an acquisition by you, because you are transferring it back, not receiving new property.
Once registered, mutation will restore your father’s name in the land records.

Which option is better?
A cancellation deed is faster, cheaper, and more straightforward. Most districts in Uttar Pradesh accept cancellation of a gift deed when both parties agree.

Important Note
Since the original gift to you was contrary to FEMA guidelines, it is advisable to regularise the position quickly to avoid any future questions from the revenue or RBI authorities. Voluntary reversal shows bona fides and avoids penalties.

Final Recommendation
Meet the local deed writer/lawyer or go directly to the Sub-Registrar’s office with your father and request a cancellation deed of the 2024 gift. Once registered, apply for mutation to restore your father’s name in the khasra/khatoni records.

Indu Verma
Advocate, Chandigarh
169 Answers
8 Consultations

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