Power of attorney from person staying abroad

Adv Lalit Chaudhari (Querist) 15 February 2021 This query is : Resolved
One of my client filed the Land Acquisition Reference in Civil court in my district, The court awarded the enhanced compensation...accordingly the land acquisition body submitted the enhanced compensation award in the Hon'ble court...…However in between my client went to America for his job and as of now he is unable to return in near future due to various requirements. my query is that can he send the power of attorney in the name of his mother of father........ What is the procedure including law reference........

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A client working abroad can grant a Power of Attorney (POA) to a family member, such as their mother or father, to handle legal matters in India, including property transactions. The POA must be properly stamped and registered with the sub-registrar in India to be legally valid for immovable property. While a notarised POA may suffice for some purposes, it's insufficient for property sales. The POA can be executed abroad and then authenticated and registered in India, or even registered at home if the individual cannot visit the registrar's office.

P. Venu (Expert) 16 February 2021
Yes, he can. In this regard, he can get assistance from the Embassy/Counsulate.

Dr J C Vashista (Expert) 17 February 2021
Obtain notarised / embassy authenticated PoA from your client in favour of someone of his family and get it authenticated by area SDM, it is valid.

Hemant Agarwal (Expert) 17 February 2021
CONSIDER THIS, in lieu of your query:

1. ONLY a proper Stamp Duty paid (500/-) and Registered POA holder is entitled to execute any immovable property transaction before the local registrar of sub-assurances. Online POA Registration facility is not available, as yet. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to "ANYBODY", irrespective of relationships. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed.

2. POA may have strategic clauses and time limitations of the deal (payment terms, validity time period of the POA document ....), for safety of the POA giver.

3. POA can be registered "ANYWHERE" in India, before the local registrar of sub-assurances and shall be valid throughout India. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed. A Notarized POA is legally infructuous for immovable properties.

4. POA document can be endorsed abroad by the local consulate office and SUBSEQUENTLY stamp duty paid and registered in India, for it to be legally enforceable.

5. IF person CANNOT go to Registrar office to register POA, THEN Registrar's officer can be requisitioned to visit home, to register POA, on payment of due fees by following due procedure of law.

6. As per a SC judgment, "Immovable Property" CANNOT be sold using a GPA and such GPA and Sale shall remain legally null & void.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

kavksatyanarayana (Expert) 17 February 2021
Yes. He can execute a Power of Attorney before the Consulate/Ambassador/Notary public. This POA shall be validated by the District Registrar/Collector under Sec.18 & 19 of the Indian Stamp Act within three months from the date of receipt in India.

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