Power of attorney
minsal
(Querist) 26 November 2015
This query is : Resolved
Dear Experts,
I have got different advice on preparation of POA in a matter hence i need your help and guidance. the fact is ....
that two cousins jointly purchased a property in Mumbai. out of them one is a resident of India but working in a firm in European country and other is a citizen of Singapore. now they are coming to India for few weeks and want to execute a POA in favour of a person who is residing in Mumbai and is the Father-in-law of the person (from said two cousin) working in European firm. they want to execute the POA for all right except the right of selling of the said property.under the circumstances i got the following advice
1) To prepare two separate POA for both cousin and one POA should be sent at Singapore and get notaries from Indian embassy and the second POA should notaries in Mumbai from local notary.
2) To prepare One common POA and notaries in Mumbai. the registration of the same is not necessary as they are not executing the right of selling of the property.
3) Only one power of the first holder is sufficient and the second holder's power is not require when there is no selling right.
4) Prepare a common POA and get it registered at Mumbai only.
Dear experts I become confused what should I do? Please help me.
Hemant Agarwal
(Expert) 27 November 2015
1. More & More Advises = Too many cooks spoil the broth.
2. Contact a local Advocate, for one-to-one consultation.
Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar
minsal
(Querist) 28 November 2015
Sir I am a Jr. Advocate and getting this small independent work hence I need guidance to complete the work properly.
Anirudh
(Expert) 28 November 2015
You can prepare a single POA where both the co-owners (two cousin brothers) by giving their full particulars and how they are owners of the property can execute the POA in Mumbai itself when they visit Mumbai.
Please put all the requisite clauses in the POA enough to enable the POA Hooder to take care of the property in question. Normally if there is no specific clause empowering the POA holder to sell the property he may not be able to sell the property. But not to give chance, a clause can be incorporated to specifically state that the POA holder is not empowered to sell the property.
