• POA to buy Property in Mumbai - currently overseas

I am a Mumbai resident currently overseas for an assignment. I would like to give a Power of attorney to my friend to buy a property on my behalf and have the property duly registered since I am going to be away for a year or so. 

Since Mumbai property laws have changed in recent years, how do I go about it?  I need assistance to draft the necessary document.
Asked 2 months ago in Property Law from Canada
Religion: Hindu
1) POA shoukd be executed in favour of family member only 

2) POA shoukd be attested before Indian consulate 

3) the family member  in whose favour it is executed shoukd register the POA in Mumbai 

4) registration of POA is mandatory for purchase of immovable property 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0

1) you can execute POA in favour of friend for  purchase of property in Mumbai 

2) have it attested before Indian consulate 

3) yiur friend can submit document for registration on receipt in Mumbai 

Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. Since the POA referred to is for buying property and registering the title deed in your name and not for development/sale, it can be executed and registered by you in favour of your friend.

2. You are required to register the said POA at Mumbai where the property to be bought is located.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
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1. You can execute and register POA in favour of anybody you wish to for buying property in your name.

2. Once a POA has already been registered before a Registrar, it can not re-registered before another Registrar. 

3. You shall have to execute a fresh POA in favour of your brother for registering before the registrar at Mumbai.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1. You shall face no issue in registering a POA in favour of any body at Mumbail for buying property in your name.

2. Engage a local lawyer for drafting and getting the said POA registered by you at Mumbai.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1) you can execute POA in favour of friend but it is always better to execute in favour of family member 

2) I can draft the POA . 

3) you can contact me through kaanoon . Com webiste 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
You have to execute a GPA in favour of your friend to authorize him to register the property for and on your behalf in the office of the sub-registrar. Get the GPA drafted by an Indian lawyer so that it is compliant with the Indian laws. It will have to be attested in the Indian Consulate in US and then registered in India and only then it will attain the legal character in India.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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If the GPA is attested before Indian Consulate in US it can be registered in Mumbai without any hassles. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
You can prepare a POA in favor of the person who you want to entrust the job of purchasing the property from the foreign country itself, get it notarised or attested by a notary of that country or from the officials of Indian Embassy, send it by a sealed cover addressed to the registrar by sending it in an envelope addressed to your friend at Mumbai, he shall ge the POA executed through the concerned registrar by producing the sealed cover before the registrar, and after verifying the authenticity as well as satisfying with the identity of the power agent, the registrar may pass an order to register the POA deed on payment of registration charges. 
Then the POA  agent can purchase the property on your behalf by signing the registration formalities
T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
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On another note, my brother has my POA that was registered in Gurgaon, Haryana a few years back. He is based in Canada. Can that POA get registered in Mumbai as well (in case he agrees to travel to India). 

In your absence in India, there is no use of POA given to you.
Your brother can revoke or cancel th power of attorney deed given in your avor and can follow the same procedure as advised earlier in favor of a new power agent.
T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
5.0 on 5.0
So the POA can be drafted in favour of a friend. Would it have any issues in getting registered in Mumbai?
Can you draft the POA document. If yes, what would be the charges. How do I get in touch with you directly?

For drafting a POA deed by any particular lawyer of this forum, you have to approach them personally. This is a general call you have given to all lawyers of this forum hence you may have t choose a lawyer and can ask him/her the willingness  to provide you the desired services 
T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
5.0 on 5.0

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