minsal (Jr. Advocate) 27 November 2015

Power of attorney

I have got different advice on preparation of POA in a matter hence i need your help and guidance. the fact is ....

that two cousins jointly purchased a property in Mumbai. out of them one is a resident of India but working in a firm in European country and other is a citizen of Singapore. now they are coming to India for few weeks and want to execute a POA in favour of a person who is residing in Mumbai and is the Father-in-law of the person (from said two cousin) working in European firm. they want to execute the POA for all right except the right of selling of the said property.under the circumstances i got the following advice

1) To prepare two separate POA for both cousin and one POA should be sent at Singapore and get notaries from Indian embassy and the second POA should notaries in Mumbai from local notary.

2) To prepare One common POA and notaries in Mumbai. the registration of the same is not necessary as they are not executing the right of selling of the property.

3) Only one power of the first holder is sufficient and the second holder's power is not require when there is no selling right.

4) Prepare a common POA and get it registered at Mumbai only.

I become confused what should I do?

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Adv. Yogen Kakade (+ 91 9225510883) 27 November 2015

Hi,

I think there is lot of confusion because of so many advices.

Few points that might help you

1. Two persons (cousins) can execute two different POAs in the name of one person. Even the property might be the same but the owners and their rights over the same are different. Through POA the person transfers his individual rights over the property to other person for specific reasons and with specific terms.

2. The person from Singapore can execute his POA in Singapore and get it authenticated at the Indian Embassy in Singapore along with the signatures of two or more witnesses.

3. For authentication of the POA of the other person, It is always advisable to get the POA duly registered at the office of the Sub-registrar of the area where the property is located. Besides selling the property there might be so many other works / activities the POA holder has to do.. in such situatiuons the registered POA gives him exclusive and legally stron power to execute the same.

4. While dealing the said property issues the POA holder shall require the POA of both the parties (owners).

5. Do not forget to specify each and every reason or right for which the POA is executed.

Adv. Yogen P. Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in

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