Power of attorney

Hari Konanur (Querist) 18 October 2021 This query is : Resolved
Namaste sir

I'm planning to buy one old flat in Bangalore, but owner resides in America. So he is granting POA rights to his father in law at Bangalore. So that his father in law can register the flat to me after full money payment.

Please advice is it legally OK to go head in purchasing flat belonging to NRI

Regards
Narahari

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Quick Summary

It is legally permissible to purchase a flat from an NRI owner in Bangalore who grants Power of Attorney (POA) rights to their father-in-law for the sale. The POA must be executed and attested in the US before being sent to India for authentication by the Sub-Divisional Magistrate (SDM) and subsequent registration of the sale deed. This process is a valid way to complete the property transaction.

K Rajasekharan (Expert) 18 October 2021
No legal problem in purchasing such a flat, from an owner who intends to execute the sale by a POA to his father-in-law.

kavksatyanarayana (Expert) 18 October 2021
Yes, agreed with the above learned expert.

Advocate Bhartesh goyal (Expert) 19 October 2021
Yes, sale transaction through power of attorney is perfectly valid, you can purchase flat.

Hari Konanur (Querist) 19 October 2021
Im extremly thankful to all respected Lawyers in this group

Dr J C Vashista (Expert) 20 October 2021
The titleholder / vendor (seller) has to execute PoA, get it attested there itself (US) and pass on to his father in-law (attorney) for authentication by area SDM and then get the sale documents registered in your favour.

Hari Konanur (Querist) 20 October 2021
Thank you very much vashista sir

Hari Konanur (Querist) 20 October 2021
May i know what is Area SDM means

Dr J C Vashista (Expert) 21 October 2021
You are most welcome.
SDM means Sub-Divisional Magistrate (an officer subordinate to Deputy Commissioner/ Collector)

Hari Konanur (Querist) 21 October 2021
OK thank you sir
Vashista sir are you in Bangalore

Dr J C Vashista (Expert) 21 October 2021
I am in Dwarka, New Delhi

Hari Konanur (Querist) 22 October 2021
OK vashista sir and in case if you are in Bangalore i thought of taking your guidance in agreement drafting

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