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elbee barboza (HR Executive)     09 January 2010

Power of attorney

Dear Sir,

I have purchased a house from a person,who had given a  C.P.A (to his father).

Thi document bears a stamp reading Attache(Consular) ,Embassy of India,Abu Dhabi (U.A.E)

Is that a valid document?



Learning

 6 Replies

V. VASUDEVAN (LEGAL COUNSEL)     09 January 2010

 The person appears to be a NRI ( Non-resident Indian). Please check this out and get the required documents - if the property has requisite approval of the Reserve Bank of India - General Permission or specific permission etc., as the case may be. Also whether the GPA is valid to cover disposal of the property.

vasudevan

elbee barboza (HR Executive)     10 January 2010

Dear Sir,

The document in question carries a permission to deal with the property.

Could you please advise what document is required to check RBI permission and where can i obtain it.

Secondly, is it such a big problem for me if the previous owner has not taken care of this matter(RBI permission) himself?

V. VASUDEVAN (LEGAL COUNSEL)     10 January 2010

 Please visit  rbi.org.in for more details on the need for RBI procedures governing non-residents purchasing properties. FAQ will explain every precise detail. Generally a NRI can purchase a property in India under general permission and hence need not be concerned. The POA also will provide the status of person issuing the POA whether he is a NRI.

vasudevan  

1 Like

(Guest)

Mr.Barboza - Your query can't be answered just like that and I am glad to see my friend Mr.Vasudevan tried his best to clarify your point. But I feel your query needs an expert advice. Hence plz consult a lawyer directly and show all your documents to him to enable him to go through each and every word of it and render a suitable advice to you. Further, he may even interact with the RBI officials to get you a smooth solution, since it is an open fact that Government officials will respond fittingly to lawyers than to others.

V. VASUDEVAN (LEGAL COUNSEL)     11 January 2010

 (i) If the power-of-attorney holder exceeds his limits as per the power granted to him, by the instrument, then the provision of 'indemnity' in case of an act done in good faith does not apply, even if he was unaware of the determination of his power in consequence of revocation of power by or death/insolvency of the principal.

 Hence this act cannot be done, unless specificallly authorised by the person issuing the GPA. Usually the intention of GPA being for developmental rights and for the agent will have limited powers. It is for the benefit of the principal. 

(

 

elbee barboza (HR Executive)     11 January 2010

Thankyou gentlemen for your advice.

Will consult a lawyer to look into the intracacies.

Thankyou once again.


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