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Rita (homemaker)     15 August 2013

Special poa for leave and license in mumbai

My father, aged 82 years, owns a flat in Mumbai and would like to give it on Leave and License(Rent). He is currently residing in Kerala and unable to travel frequently to Mumbai and hence wishes to grant a "special power of attorney" to a Real Estate broker in Mumbai to take care of "The Leave and License Agreement".

The scope of the power of attorney would be:

1) to negotiate and finalise leave and license agreements,
2) to appear before the sub-registrar for registration of the leave and license agreements,
3) to receive security deposit and monthly rents and deposit the same in my father's bank accounts,
4) to represent my father before the housing co-operative society and sign all relevant documents relating to the leave and license.

My query is:
a) Whether my father can get the POA done in the state of Kerala "without travelling to Mumbai" and will it be valid for this purpose?
b) Whether such a power of attorney must necessarily be registered and if so has it to be done in Mumbai or Kerala ?
c) Is a "notarised" power of attorney valid and acceptable in a court of law?
d) What do you advise as the most appropriate course of action?

Thanks in advance for your valuable feedback and advice.


Regards
M.Das



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