• What is the correct format and procedure for the following PoA?

My father's brother had moved to USA from Lucknow, U.P. in 1980 and had been an American citizen since 1997. His wife, who is a White woman and who was born and brought up in USA, is also an American citizen. My father's brother had two sons, both born and brought up in USA and both of whom are citizens of USA.

Now, my father's brother had executed a notarized Will in USA in which he had bequeathed all his properties and assets in India to his wife. 

After he passed away, his wife, pursuant to the said Will, gifted a house in Lucknow that belonged to my late uncle, to my father via a registered gift deed.

My father then entered into a registered agreement with a buyer for the sale of this house. The buyer's bank has asked for Letters of Administration(LoA) of my uncle's said Will. For the purpose of LoA, each of my late uncle's son is executing a separate Special PoA(SPoA) and sending it from USA to Lucknow.

Questions 
1. Each SPoA states, “The said attorney has the right to sign on any documents needed and to appear before any court of law/government bodies/government officials so that the following statements can be made on my behalf and in my name:”

-That I accept the Will as my father's last will for his Indian assets.
-That I accept the gift deed and will never lay any claim to the property, etc.

Is the text written inside the quotes correct and sufficient? 

2. Do we need to mention that the attorney also has the right to register this SPoA at the office of DM/subregistrar?


3. In Uttar Pradesh, there is 7% stamp duty +1% registration charge on PoA for sale. Now, even though this SPoA is regarding a property, it is just giving the attorney( the attorney will be my father or myself) the power to make statements on the behalf of my uncle's sons rather than the power to sell. Therefore, will we still have to pay 7% stamp duty +1% registration charge or will it be a nominal amount (like 5k-10k, etc)?

4. I or my father will be the attorney named in the SPoA. Now, since my father is the beneficiary of this SPoA then will making my father the attorney, automatically make this SPoA irrevocable? If not, then can including the following line make it irrevocable, “This SPoA shall remain irrevocable under all circumstances.” ?

5. Do witnesses to the PoA need to attach their photos to the PoA?

6. Do witnesses need to attach a notarized copy of their ids?

7. Is it necessary that it be sent via courier from USA and the sealed envelope be opened by the concerned authority or can my aunt just bring both these SPoAs with her when she comes to India?

8. My late uncle's sons are also giving an affidavit where they state the same points namely that they accept the Will and the gift deed and that they will never lay claim to the property. Does the SPoA also need to give the attorney, the power to submit the affidavit on their behalf or can these affidavits be submitted directly to courts & other government bodies?
Asked 10 hours ago in Property Law
Religion: Hindu

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4 Answers

1) text quotes are correct .also to pay court fees for filing LOA ,to engage advocates for filing POA ,to pay legal fees ,to file affidavits 

 

2) registration is not required but you can mention it 

 

3) stamp duty at 7 per ce t would not be payable 

 

4) don’t mention POA would be irrevocable 

 

5) yes photos of witness a d identity documents are necessary 

 

6) aunt can being SPOA when she cones to India 

 

7) sealed envelope is necessary when yiu are registering POA 

Ajay Sethi
Advocate, Mumbai
100365 Answers
8201 Consultations

You need to notarise or apostle the POA in embassy and later get it registered in India if it is for transfer or affecting rights of immovable property 

Prashant Nayak
Advocate, Mumbai
34952 Answers
255 Consultations

1. Obtaining the Letter of Administration from an Indian court ensures the transfer is legal and unchallenged. The special power of attorney should clearly instruct the power agent to do the specific task pertaining to the current subject matter.

2. The SPOA should be adjudicated before the sub registrar within whose jurisdiction the power agent in India resides.

3. This SPOA is given for specific purpose and not for transacting with the immovable property though  the basic subject involves an immovable property, hence this SPOA will be registered under book-IV only, where the fixed stamp duty of the v alue of less than rs. 500/- will be charged and it is not based on the value of the property.

4. The power agent is carrying out the task assigned in the power deed on behalf of the principal hence it will not make any difference even if your father was a beneficiary in respect of the property in the form of a donee in the registered gift deed. 

5. No, not necessary.

6. No

7. Your aunt is not the principal hence it would be better that it is sent under a sealed cover directly to the power agent who  can get it opened by the concerned sub registrar.

8. The affidavit itself is not required because they are covered under the letter of administration as per the process of law. 

T Kalaiselvan
Advocate, Vellore
90569 Answers
2522 Consultations

You need to get it notarize in the embassy first and  get it registered in India afterwards, if it is affecting rights of immovable property 

Pranay Mehta
Advocate, Noida
19 Answers

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