Power of attorney to brother

Draft the document with what your brother can and cannot do (limitations) as an agent. If you can, please make it for a specific purpose and you can even provide a duration for it by providing an expiration. I'm talking from my own mistakes (which I am trying to fix).

If you are in the US, you need the document to be attested by the Indian Embassy. The document needs to be notarized if you are sending it through mail or you can go in person to sign in person there.

The Indian Embassy has a procedure listed on their website:

https://www.indianembassy.org/miscellaneous-service-attestation-of-documents.php

Good Luck.

-Arun

Hi, U hv named yrself as nri husband. Wants to give GPA to yr brother for buying a flat .  Does it not sound a bit strange? 

Anyway, as advosed by Mr Arun, u can prepare a draft n finalised with the Indian Embebassy. 

However, you may be aware that recently the Supreme Court has given a ruling stating that GPA will not hv legal sanctity.

Madhu,

Can you provide me citations to the supreme court ruling regarding the legal sanctity?
Thanks

-Arun

Madhu,

I understand what you are saying. SC is not saying it's not legal but rather not complete. POA can still enter into sale agreements, however, the title transfer will not be complete for immovable property. Principals will have to go thru' the registration process to obtain the specific performance and complete the sale.

"The Supreme Court has clarified that a person would be entitled to obtain specific performance based on the sale agreement and the same could also be used to establish their rights under section 53A of the Transfer of Property Act."

Dear Mr Arun,

Not able to follow.  When title transfer cannot be complete what is the use of POA entering into the sale agreement (or sale deed?).  Principals will hv to go thro the registration process means the principals must be physically present, sign the sale deed and get registered. 

Am I correct?  Pls clarify.

Dear Members

I wanted to sell my flat in Mumbai. I approached my sister and got a Power Of Attorney registered in Gujarat. I too am from Mumbai. This POA specifically mentioned that the POA is granted to me for selling the flat to the specific buyers(the buyers names were mentioned). Now I am unable to reach any form of agreement leave alone an MOU, with them related to sale of my property. The buyers have also kept the original POA with them. On the original POA that was registered in Gujerat neither my name or my signature was taken at the time of registration. Please tell me what I should do? Will a renouncing of my POA suffice. My sister would not mind helping me with it. Please answer.