• Personal presence of all the sellers

Hello, I intend to sell a piece of land in Bangalore, it is owned jointly by me and my wife, is it necessary that both of us be physically present at the sub-registrar office at the time of sale registration ? Is it not sufficient if one of us give the POA to the other and the only the other person be physically present at the time of registration, also I gather that my daughter is also required to be present then, appreciate your advise on this. Many thanks
Asked 8 months ago in Property Law from Canada
Religion: Hindu
1. It is not necessary that the seller/S have to be physically present at the time of registration of the Sale Deed.
2. Based on the POA, the Attorney can execute the Sale Deed, on behalf of the seller/s, in favour of the purchaser.
3. Since it is the self acquired property of you and your wife, your daughter's consent and presence is not essential. 
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
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1. Yes, all the sellers shall have to append their signatures in the Sale Deed before the Registrar to make the sale valid,

2. Any or all of the sellers can execute POA in favour of anybody to sign the sale deed for and on their behalf,

3. All the owners of the property is required to execute and register the sale deed and your daughter is not required to be present at the time of registering the sale deed since she is not the co-owner of the property. 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1. For registering the sale deed, the POA is also required to be registered,

2. So, all of you shall have to appear before the Registrar at least to register the POA. 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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The presence of seller is unavoidable one. If he executes a power of attorney for selling his property then the POA holder will present at the time of registration of sale deed. Your daughter has no role in the registration office .

Registration : - 
When the Registering Officer is satisfied about identity of persons and if they admit about execution of documents, and after registration fees are paid, the registering officer will register the document and make necessary entries in the Register maintained by their office.After all formalities are complete, the Registering Officer will endorse the document with word ‘Registered’, and sign the same. The endorsement will be copied in Register. The duly registered document is then returned to the person who presented the document for registration.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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Hi, Either you or your wife execute General Power of Attorney in favour of the other and it has to be swear before the Indian consulate and bring to India and in  Bangalore it has to adjudicated before the District Register.

2. This is the procedure for General Power of Attorney.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Either of you can execute a GPA in favour of other to authorize the latter to register the sale deed for and on his behalf. The GPA has to be registered before it can be acted upon. Unless your daughter is also a co-owner of the property she is not required to be present. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
 Registration of POA is essential. However physical presence of the executor is not a must.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1) if POA is given by your wife in your favour or vice versa physical presence of other co owner is not necessary 

2) your daughter presence is not required 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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1) for sale of property through POA it is necessary that POA be registered in Bangalore 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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you can execute a power of attorney and authorise a person thereby to perform all formalities regarding registration. It is legally valid and once registration completed POA will become discharged. 
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Hello, I intend to sell a piece of land in Bangalore, it is owned jointly by me and my wife, is it necessary that both of us be physically present at the sub-registrar office at the time of sale registration ? Is it not sufficient if one of us give the POA to the other and the only the other person be physically present at the time of registration, also I gather that my daughter is also required to be present then, appreciate your advise on this. Many thanks

For selling the jointly held property, both the owners are required to be present before the concerned registrar's office to sign and execute the document  to be registered, before the registrar.  
The co-owner can sell the property by him/herself provided he/she is empowered by the other owner through a registered power of attorney deed for the purpose.
If the other owner has to execute a registered power of attorney deed in favor of the other owner, he/he has to visit the registrar's office to get the said document registered, so instead of wasting time, money and energy for preparing a GPA separately, your wife can accompany you to the registrar's office to execute the proposed registered sale deed.
Your daughter need not sign the papers.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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Thanks, and I presume a POA also does not need physical presence while signing ( like in a notary)

Your understanding is wrong.
The POA deed for transfer of immovable property need to be registered document 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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