Power of attorney for property sale and related transctions


Dear forum members,

 

I am an Indian working in New Zealand and I wish to grant my father Power of Attorney so that he can sell a flat that I own in Pune. My parents live in Mumbai.

I am unable to travel to India to do so in person, which is why I need to do it from the Indian embassy here in New Zealand. I have enquired about the procedure and I need help from a lawyer based in Mumbai for creating a registering the power of attorney in Mumbai. The following is what I understand needs to be done:

  1. I need a draft of the power of attorney made to suit our needs. I am OK with a wide ranging GPA (as against an SPA). The POA holder will deal with the bank on my behalf AND deal with the registration authority to execute the sale, so the POA should permit both these tasks. I have been told that it can be on a plain paper and DOES NOT need to be on an Indian stamp paper.
  2. With the draft, I'll execute the POA here in NZ at the Indian Embassy as per existing procedure.
  3. I will send the executed POA to my father and you have to register it for him in Mumbai.
  4. He will then do what is needed and consult you in case ofany questions.

I am assuming that such a POA will be valid all over India and the fact that we register it in Mumbai will make no difference given that the flat is in Pune and will be sold in Pune. If you are aware of how POAs can be made through embassies, please respond and confirm if my plan above is correct. 

 

Many thanks,

Aviram Vijh

 
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Lawyer

Search a local (Mumbai) lawyer in LCI site to take the assignment and get the transaction done. However, I am located in Delhi.

 
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+ 91 9225510883

Hi,

You can certainly execute the Power of Attorney at the Indian Embassy with the attastation of the Consulate of India. Remember few things before you draft or execute the Power of Attorney.

1. Mention the descripttion of the property in detail. You can get that information from your existing Sale deed or Mother document. You can copy paste the same details.

2. Mention the Power of Attorney is for SIGNING AND EXECUTION of every property related document including Sale Deed, Agreements, Correction Deed and for the applications at the records of the Revenue Department.

3. Get two witnesses to sign the Power of Attorney while signing and execution of the Power of Attorney at the Indian Embassy.

It's a simple procedure.

Remember, If you have the property located in Pune, then you / the power of attorney holder has to execute your Sale Deed or Agreement at Pune only i.e. at the office of the Sub-registrar of Pune only.

I hope this information is helpful to you.

Adv. Yogen Kakade

Pune

juryconincorporation@gmail.com

www.juryconn.in 

 

 
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Lawyer

Agreed with expert opinion.

 
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