Power of attorney

Mani S (Querist) 04 April 2021 This query is : Resolved
I am a senior citizen living in Maharashtra. Along with my friends (all are senior citizens) we hold some agro land in Tamil Nadu. We want to sell it. A known third party is willing to facilitate the sale. Each one of us would like to execute a Power of Attorney in Maharashtra in favour of this third party (who is resident of Tamil Nadu).
Questions:
1. Can we execute such a power of attorney in favour of the third party
2. Can we do so without the presence of the third party by using only his AAdhar and PAN

Thanks

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Quick Summary

Senior citizens in Maharashtra are looking to sell agricultural land in Tamil Nadu and wish to grant Power of Attorney to a third-party facilitator residing in Tamil Nadu. The main questions are whether this is permissible and if the facilitator's presence is required for execution in Maharashtra. The consensus is that a Power of Attorney can indeed be executed in favour of the third party without their physical presence, though registration and stamp duty considerations between the two states should be addressed.

Advocate Bhartesh goyal (Expert) 05 April 2021
( 1) yes, you all can execute power of Attorney in favour of that person.
( 2 ) yes you can execute poa in absence of that person his presence is not required.

SHIRISH PAWAR, 7738990900 (Expert) 05 April 2021
Hello,

As per my opinion, you all have to visit Tamilnadu and execute the registered power of attorney in favour of any third person. And you have to personally sign the power of attorney before the sub-registrar. Your personal identification requires for registration.

kavksatyanarayana (Expert) 05 April 2021
If all your friends know him (who is a resident of TN and to favour you), then all of you can execute a General Power of Attorney and register and authenticate it in Maharashtra in favour of a third party who is a resident of Tamilnadu. The difference of stamp duty if any shall be payable at Tamilnadu at the time of registration sale/transfer of property documents as the stamp duty varies from Maharashtra to Tamilnadu.

Sankaranarayanan (Expert) 08 April 2021
Yes if the third party is trustworthy person then you can proceed it in your residing place through register office with your proofs not required to come down Tamilnadu

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