Special Power of Attorney
Querist :
Anonymous
(Querist) 05 May 2010
This query is : Resolved
A power of attorney for sale and registration of residential premises in India needs to be executed. However, the person is not in India but he is a citizen of India. Could you tell me the procedure for execution of POA outside India. Also, does that needs to be registered?
A V Vishal
(Expert) 05 May 2010
Get the PoA prepared by whoever is preparing your documents in India. Send it by email to you. You take a print out on good quality paper, sign it on every page, and get it attested by the Indian Consulate / High Commission. YOu will need to show your passport there. Even if you are a non-Indian citizen, you need this.
Courier the attested paper back to India.
Within 7 days of reaching India, the paper has to be presented to the District Collector for stamping (pay stamp duty).
It may also have to be registered if it relates to SALE of immoveable property by you. Depends on the rule in each State.
You really do not need a PoA to BUY land / immoveable property. The "sale deed" needs to be executed only by the seller.
If this is for registering a deed where you are selling land, better get the PoA cleared by the buyer too. Details of the property need to be included in the PoA in this case; hence you better it prepared by a solicitor / document writer.
Guest
(Expert) 05 May 2010
A small correction in Mr. Vishal's reply, "You really do not need a PoA to BUY land / immoveable property. The "sale deed" needs to be executed only by the seller".
In Tamil Nadu, the Buyer (s) signature and photo are needed in the Sale Deed.
A V Vishal
(Expert) 05 May 2010
One more correction Mr Siva, the buyer's signature and photo are not required on the sale deed since it is executed by the vendor in favour of the vendee, the only place where the photo and thum impression is required is in Form 32A
Ashok Yadav
(Expert) 05 May 2010
Mr. Siva and Mr. Vishal pls don't mess with each other, need of photo & Signature of the buyer is not compulsory in every state, it differs state to state.
In most of the states in India it is necessary for the buyer to be present at the time of regn. of sale deed, his sign and photo are also compulsory. In Delhi, Haryana, Punjab, Rajsthan, M.P., U.P., Orrissa etc. it is compulsory.
A V Vishal
(Expert) 05 May 2010
We are not messing Mr Yadav we are only exchanging views.
Querist :
Anonymous
(Querist) 06 May 2010
Thank you, Mr. Vishal. This is of a lot of help.
