Poa to brother in law

Hello,

Yes, your brother and brother's wife can give POA for sale and purchase of property. On the basis of POA you can sign the deeds and appear before sub-registrar on behalf of your brother and your brother's wife.

Yes.  They can give POA and it shall be attested before the Public Notary in Australia or Indian embassy.   After receipt of POA in India, it shall be got validated by the Collector under IS Act, (the Joint Collector of the District, RDO/SDO/District Registrar).  Then you can get the registration before the Sub Registrar concerned.

Originally posted by : Bhupesh
	My Brother and Bhabhi are settled in Australia and want to sell their property in Mumbai. I stay in Mumbai and they plan to give a POA to me to carryout the sell. Can my brother's wife also give POA to me to sign the deed and appear before the registrar?

Both of them wil have to execute the PoA and get it attested by Indian High Commission  which you will have to get it countersigned by your area SDM.

The POA is to be executed by the person/s in whose name the property stands. If the property is in joint name, they need to give joint POA or if it is individual names, they need to give POAs in their individual names. In any case, the POA should contain specific details of the property to be sold and should also contain the express authority to you to sell and execute the relevant documents.  Such POA should be a Registered Power of Attorney and should be registered at the place of execution and when it is received at your end it should be stamped as per the local law.  Better you contact a local Lawyer to draft the POA and to handle the stamp duty and registration of the POA.

Once the property is sold based on the properly executed and registered POA in your favour, the sale proceeds need to be credited to the NRO account of the Property owners ie. your Brother and Sister in Law. Such money credited into NRO account of the property owners can be transferred to them (your brother and Sister in Law) duly submitting form 15CA and 15CB and other documents as called for by the Bank where it is deposited and/or from where it is being remitted.

The second para relates only after the sale proceeds are received.

They both are NRI's.

(1) The Owner/owners should execute a POA in your favour and get the same attested by the authorities at the office of the Indian Embassy at Australia. Since the property is situated in Mumbai, you need the get the POA adjudicated by the Chief Registrar in Mumbai before you can sell the property.

(2) The POA should contain the clauses (a) permitting you to sell the property, (b) permitting you to collect the sale amount and (3) permitting you to collect the sale documents from the Registrar's office.