POA for registering the property
Ravindra Joshi
(Querist) 28 September 2010
This query is : Resolved
I am NRI from Gulf and am buying a flat in Ahmedabad. When I visited Ahmedabad last month, since I was to obtain a loan from HDFC, I have executed POA in favor of my brother who stays in Gujarat, which inter alia, authorizes him to excute sale deed and submit the same before the Sub-Registrar for registration. The said POA was duly notarized with photographs. However, the POA is not registered with the Sub-Registrar.
Execution of sale deed and registration is due to take place next week. Due to work pressure, I am not in position to visit.
My question is
(i) Can my brother / POA holder execute the sale deed and present it before sub-registrar for registration, based on the notazrized POA?
(ii) As the POA was already notarized, still is it complusory to register the POA with the Sub-registrar, in order for registration of the sale deed to take place;
(iii) If the answer to (ii) is yes, whether it is possible to register the POA by the POA holder now without my visiting there and thereafter, executing and registering the sale deed?
(iv) Can NRI execute POA while in India on a social visit, without involving the Indian Consulate of the country where he is currently working / residing?
Thanks and regards
ESTHERPRIYA
(Expert) 28 September 2010
There is a procedure in India, which we used to call as adjudication of power. The notarised power is not a a valid document to deal with the property in India.
From gulf you can execute a poa in favour of your brother without visiting here it is possible.
You should get the poa signed and notarised along with number of relevant documents and send back in courier and it will be adjudicated and given a Adjudication Number by which your brother can deal to purchase the property in Ahmedabad, India.
We can even carry out this process effectively. In case you need any help, you can mail to my mail id splawassociates@gmail.com
Chanchal Nag Chowdhury
(Expert) 28 September 2010
The notarised POA is invalid for the purpose of registration. However, U need not come over only for this. In every Indian Consulate there is an Oath Comissioner before whom U have to sign the POA & have it executed. This will serve your purpose.
s.subramanian
(Expert) 28 September 2010
Yes. I agree with Mr.Chanchal.
Ravindra Joshi
(Querist) 29 September 2010
If I execute POA in Consulate here, then is Adjudication of POA process in Gujarat is time consuming taking a no of days or few hours?
Ravindra Joshi
(Querist) 03 October 2010
Is it OK if Sale / conveyance Deed is signed by only seller and not buyer and the same is registered with registrar of Ahemdabad with only seller present (buyer being not there)?
