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Sale deed in name of son who is living abroad

Guest (Querist) 26 November 2023 This query is : Resolved 
Currently for job I am living abroad and I am purchasing an appartment in Bangalore. I cannot travel to Bangalore for sale deed however I have planned to buy the property in name of my mother. Is it possible that my mother can execute sale deed being my gurdian and I am being the owner?
Please also advice what other possible ways to keep the property in my name and not being there physically
S.JEEVAGAN, Madurai. (Expert) 26 November 2023
Yes. You can execute a deed of power of attorney conferring power upon your mother to purchase a property on your behalf as your power agent.

On the basis of power of attorney, your mother can be a party to the sale deed and sign the documents wherever it is required. She can get the sale deed /property registered in your name as your agent when you are still abroad.
If you don't want to confer power to sell any property, you can make a special power of attorney only to purchase the property on your behalf.

Since you are abroad, you can print out the power of attorney in A4 sheets and approach the respective Indian Embassy for the purpose of stamp duty/ attestation of power of attorney, etc. You can send the power of attorney to your mother by post so that she can buy the property and get the sale deed registered on your behalf even if you can't come to India for this purpose.

However, before buying any property, it is better to get a legal opinion in respect of the property so as to avoid unnecessary legal issues connected with the said property in future.
Advocate Bhartesh goyal (Expert) 26 November 2023
You can buy property through Power of Attorney I your name and need not to present before Sub Registrar for registration of sale deed.Execute power of Attorney in favour of your mother and authorized her to buy and registered the property in your name and get attested it from Indian Embassy after that your mother can legally purchase property on your name.
kavksatyanarayana Online (Expert) 26 November 2023
Yes. You can give Power of Attorney to your mother to buy the property in favour of you. You shall execute a POA abroad and get it attested by a Public Notary/Embassy or Consulate as the case may be and send it to your mother.
T. Kalaiselvan, Advocate (Expert) 26 November 2023
Your mother cannot become your guardian because you are major by age.
You can authorise yor mother to purchase the property on your behalf by executing a power of attorney deed in her favor from the country of yor current residence, duly attested either by an official of the Indian consulate or a local notary public.
This power of attorney should be only for purchase and not for any further action.
Dr. J C Vashista (Expert) 27 November 2023
You are purchasing or selling the property, be clear.
You may authorise your mother for purchase / sell the property.


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