Power of attorney


i want to find out following : My property is in the name of (1) my son and (2) my daughter-in-law. Now, I want to sale this property and both the owners are in US, hence I am in need of POA so that in their absence I can sale this property and sign the relevant transfer documents. Now, my question is can my son only being a first holder sign the document of POA in my favour or both have to sign?

sharadsshah@yahoo.com

 
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Lawyer in Hyderabad.Email Id:ramachary64@gmail.com

both have to sign

 
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Your son and daughter in law both have to execute power of attorney in favour of you.
 
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Thanks Shri Rachakonda and Shri Goyal for the quick response. Now, one more problem I have in this regard. My Son's name is Ravi Sharad Shah and my daughter-in-law's name is Neeraja Jagannath (her name before marriage). Both are staying in Boston, USA. But after marriage Neeraja Jagannath didn't change her name to Neeraja Ravi Shah and retained the previous identity i.e. Neeraja Jagannath only so that the documents needn't be changed. Now, when we bought the present house somehow our property lawyer did a mistake and wrote (1) Ravi Sharad Shah and (2) Neeraja Ravi Shah as buyer. Overlooking this mistake both signed too. Neeraja has a entry in her passport as spouse's name as Ravi Sharad Shah. Now, we want to sale this house. POA draft was sent to my son at USA. Both signed this document as  (1) Ravi Sharad Shah and (2) Neeraja Jagannath, then only he could get it notarised there in USA. He has couriered this document to me which I will be getting in 3 to 4 days time.

Now, my question is will I be facing any difficulty in getting POA in my favour. What should I do to justify this error of name, though both the names belong to a single person only. I have their marriage certificate also with me to show. Please guide me.

sharadsshah@yahoo.com

 
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 In Indian  Civil laws,as pe recent ammendments ( last 2-3 years) instead  of POA , one can opt for better way to Do so.., one can transfer property to KEEN in the FAMILY ( like from son, and /  daughter in law in favor of Father in law) that can be done either regsitering or  non registering of the SAID document before office of Sub Registrar. with simple STAMP DUTY of Rs.200. or Rs.500.and regsirtaion charges of Rs.500.

 In your case, as your daughter in law,has not changed  her name ( new fancy style adopted by NRI / HNI Indians), mention the same in that same DEED , alongwith a affadavit as ANNXURE-1 and  marraige Certifiacte as ANNEX -2

 

 then on strnegth of this conveyance deed , you can DO SELL / TRANSFER/ CONVEY / ALIENATE that property to others.

 
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as said my son & daughter-in-law are in USA and the property is in their name. the POA draft given by my local lawyer is not correct and the same was notarised in USA but not valid. Can anyone help me in providing correct draft for selling our house in Gandhinagar (Gujarat) in my favour and guide me the correct procedure.

 
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