need procedures

Prakash Singh (Querist) 21 May 2009 This query is : Resolved
plz give me reply of this case

the owner of the house is a lady n she have to sale her house but she is not able to go to the place of house therefore he want to appoit power of attoney to her son to do all the needful for the sale of house
than what exactly the legal procedure to aapoint power of attorney

Prakash

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A V Vishal (Expert) 21 May 2009
Dear Singh,

The lady can execute a Power of Attorney in her son's name to execute the necessary documents for the transaction. This is the simpliest and easy method. I am enclosing a draft proforma for your convienence.

POWER OF ATTORNEY

KNOW ALL MEN BY THIS POWER OF ATTORNEY, I,
Mr./Mrs............Hindu, Aged about ,,,,,,,years, S/o W/o............,Occ:..........., R/o..No.

do hereby appoint, nominate and constitute
Mr./Mrs..........,Hindu, Aged about ,,,,,,,years, S/o W/o Mr........., Occ:.........., R/o: No.........
as our lawful attorney in our name and on our behalf to do inter alia the following acts, deeds and things mentioned hereinbelow.

WHEREAS the immovable property being a residential Apartment bearing No……………. Floor ( …….. Wing) of the residential complex known as ..............constructed on the property bearing Survey Nos. ......, of ....... Village, ....... Taluk, approved by the ........, within the administrative jurisdiction of the ............ Municipality measuring ………… Square Feet of super built up area and ………… Square Feet of undivided share in the land and which is morefully described in the schedule here-under constructed by me.

WHEREAS it is not possible for me to be present personally to present the document for registration in respect of the schedule property and to do all such acts, deeds and things in relation to the registration of the sale deed of the schedule property and whereas it is expedient and necessary to appoint, nominate and constitute an attorney in my name and on my behalf and I hereby appoint, nominate and constitute :

Mr./Mrs......., Hindu, Aged about ,,,,,,,years, S/o W/o:.........,R/o.
as our lawful attorney in our name and our behalf to do inter alia the following acts, deeds and things in respect of the schedule property.

1. That the attorney shall be empowered to appear and represent me before the ................ or before any registrar having authority and to present the Absolute Sale Deed in my name in respect of the schedule property for registration and for the said purpose, my attorney shall be at liberty to sign all Statutory Forms, declarations, Affidavits, Statements, Applications, etc. as contemplated under the .......... Registration Act and to have the said conveyance registered and to do all such acts, deeds and things which our said attorney shall consider necessary for completing the registration of the schedule property effectually as we could have done if I were present personally.

2. I hereby ratify and confirm all and whatsoever our said attorney shall lawfully do execute or perform or cause to be done by virtue of this Power of Attorney and liberty herein conferred upon.

SCHEDULE PROPERTY
All the piece and parcel of the immovable property being a residential apartment bearing No............., ...............Floor (............ Wing) of the residential complex known as .......... constructed on the property bearing Sy Nos.........of ................ Village, ..................., within the administrative jurisdiction of ......................... Municipality measuring ...............Square feet of undivided share in the land and including all rights, privileges, appurtenances thereto and bounded as follows:

East by :
West by :
North by :
South by :

IN WITNESS WHEREOF, I, ……………………………… have signed and executed this GENERAL POWER OF ATTORNEY this ………… day of ……………… 200.. at ……………… before the following witnesses.

WITNESSES: EXECUTANT

1.

2.

EXECUTION ADMITTED BEFORE ME

Note: THIS DRAFT GENERAL POWER OF ATTORNEY HAS TO BE REPRODUCED ON A NON JUDICIAL STAMP PAPER BY FILLING UP THE BLANKS AND EACH PAPER HAS TO BE SIGNED