• Society formation

Hi,

This is a followup to a previous question. I am a NRI living in the US and own a flat in Navi Mumbai. The issue was about the society formation. As per the advise I received for my previous question, I have created a power of attorney in my brother's name, and got it authorized from the Indian consulate in the US. However, the builder is now saying that he will not accept the power of attorney, and that I need to sign in person. What are my options in this case?

Also, since the POA was created and authorized here in the US, does my brother need to do anything to ensure that it remains valid in India?

Thanks,
Samir
Asked 10 months ago in Property Law from United States
Religion: Hindu
The POA executed from foreign location needs to be 'Adjudicated' from local Collector's office.
Have you done so as only after 'Adjudication'such POA become effective in India.
If after ding so the builder is refusing to accept the same then builder is at fault for which you can drag him to consumer forum for appropriate relief.
Devajyoti Barman
Advocate, Kolkata
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Has the POA been registered in India by your brother? If the answer to this question is in affirmative then it is a legally valid instrument for creation and assignment of rights, and thus should be accepted. It is a common practice for builders to accept POA executed outside India by the owner to authorize someone else to consent to the formation of society. Be that as it may, if builder is not ready to accept it then tell him to post you the document that he wants you to sign.
Ashish Davessar
Advocate, Jaipur
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Hi Samir
the power of attorney created and authorised by Indian embassy in USA is absolutely valid. 
The builder is just  lying.
Rajgopalan Sripathi
Advocate, Hyderabad
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1) if POA is attested before Indian consulate it should suffice .it is not necessary to register in India as it is only for society formation 

2) if builder is refusing to accept POA better fly down to India for completing the paper work 
Ajay Sethi
Advocate, Mumbai
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POA is valid in India too, and there is no need for any other documents.
Nadeem Qureshi
Advocate, New Delhi
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Hello,
1) The POA is valid in India once it is signed at the consulate. Your brother does not have to take any steps to further validate it.

2) Contact the builder directly and inform him of your inability to travel and ask him to suggest alternatives. Undertake to furnish am indemnity bond to indemnify the builder against any liability.
S J Mathew
Advocate, Mumbai
1961 Answers
68 Consultations
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1. Yes, he has to get the said POA validated by the local District Court,

2. The developer has no right to refuse your POA holder to sign for you in foring the society,

3. Your POA holder has all right to sign all papers for taking the steps for which he has been authorised as per the said POA.
Krishna Kishore Ganguly
Advocate, Kolkata
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262 Consultations
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As per the advise I received for my previous question, I have created a power of attorney in my brother's name, and got it authorized from the Indian consulate in the US. However, the builder is now saying that he will not accept the power of attorney, and that I need to sign in person. What are my options in this case?
Also, since the POA was created and authorized here in the US, does my brother need to do anything to ensure that it remains valid in India?

The builder is not an authority to refuse the documents to be executed by the power of attorney on behalf of his principal who happens to be the buyer of the property. 
The power of attorney deed executed by you and got attested in US Indian consulate is to be produced before the concerned registrar's office, by the agent in a sealed cover and register it before him /her by putting his signature for acceptance and paying the applicable stamp duties and registration charges.  
After having carried out the above formality, this document becomes a legally valid document.  
The builder cannot refuse further action by the power agent on behalf of his principal based on this registered document, if he still refuses, he can be dragged to court seeking court's intervention to direct the builder to proceed further as per law in the matter. 
T Kalaiselvan
Advocate, Vellore
15328 Answers
140 Consultations
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