• Purchase of Property from NRI represented by a broker with POA

Is the purchase of an Apartment from NRI who is unable to present himself for registration, and has suggested that he shall be represented by a broker with a power of attorney legal ??

If yes what care should be taken ??
Asked 8 months ago in Property Law from Thane, Maharashtra
Religion: Hindu
1) POA  executed by NRI  for sale of property should be attested before  Indian consulate 

2) POA should be registered

3) POA holder can sell the property on behalf of the NRI
Ajay Sethi
Advocate, Mumbai
25998 Answers
1414 Consultations
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First of all obtain all the property documents, scrutinise them through an advocate, get a legal opinion, if the opinion about the property is okay then you may proceed.  The power of attorney deed should be registered  before the concerned registrar or else the power is not valid and the agent is not empowered to transact on behalf of the principal. 
T Kalaiselvan
Advocate, Vellore
16359 Answers
153 Consultations
5.0 on 5.0
A person can either execute the sale deed himself or he may execute a GPA in favour of a relative to authorize him to execute the sale deed in favour of the buyer. Get the POA vetted by a lawyer.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
1) POA should be in favour of family member 

2) have it attested before Indian consulate and then regd in India 
Ajay Sethi
Advocate, Mumbai
25998 Answers
1414 Consultations
5.0 on 5.0
If you feel that this is a cumbersome process involving lot of risks in it why do you want to go for this particular property, otherwise you take the help of an experienced advocate who shall guide you properly on further steps in this regard.
It is not a bad idea that the sale agreement to be sent to the vendor to the foreign country of his residence and get it attested from the Indian consulate  of that country, but what about the sale deed to executed at a later stage, will you be able to process the same in the same manner?
T Kalaiselvan
Advocate, Vellore
16359 Answers
153 Consultations
5.0 on 5.0
My opinion echoes the opinion that has been relayed to you. The POA ought to be in favour of a blood relative. 
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0

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