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SPH (dfhgfhfg)     09 February 2011

General Power of Attorney from US

Hi,

I am new to this forum. I need some help with the power of attorney. Let me explain my situation.

 

I am an NRI residing in US for sometime now. My parents are in Bangalore. I want to buy a property in India. I know the procedure for the same in US (I need to go to and CGI and get it attested from there). I want to give my POA to my father in Bangalore.

1. After I send this document to India, does this does this document need to be adjudicated? What is the procedure for this?

2. I need to borrow some loan as well. Can I use the same POA for availing a loan as well as registration purpose?

3. Once my father registers the property under my name using the POA, will I have to do any extra process or is it as good as the property is registered in my name?

Thanks for any help.

SPH.



Learning

 10 Replies

Deekshitulu.V.S.R (B.Sc, B.L)     09 February 2011

The POA when sent to India, has to be presented to the district registrar for stamping and registration. Using the same you father can avail Bank loan and sign all necessary papers. Your presence is not necessary. The only thing is that you have to give youor earning details to the Bankduly attested and basing upon trhe same the Bank will decide your eligible loan amount.

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     09 February 2011

The position explained hereinabove is endorsed by me too.
 

SPH (dfhgfhfg)     09 February 2011

Hello Both,

 

Thank you very much for the clarification. I have just one more question. Do I need to have 2 separate POA for loan and registration or just one is sufficient which mentions the terms and conditions for both?

Thanks in Advance

SPH.

Jamshed Bey (Lawyer & Legal Consultant +91 9810136627)     10 February 2011

make a general power of attorney in favour of your father including all possible actions which you want your father to take. Only one POA will suffice for the purposes.

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     10 February 2011

While General Power of Attorney delegating your power & authority for all kinds of  transactions by your father can be executed, if you desire to  execute Special Power of Attorney only for specific transaction, such a course of action is also open to you.

 

With warm wishes,

 

SPH (dfhgfhfg)     10 February 2011

Hello all,

Thanks for all your help. This is one of the best interactive forums I have ever visited. Thank you once again.

 

SPH.

K S Narayana Rao (District Registrar)     22 February 2011

My Dear Friend,

There are 2 types of power of attorney. one Special power of attorney to do all acts for registration of one document. Sub registrar will not return the special power he will file the original.

The next type is Gneneral power of attorney means you appoint your father as an agent to do all acts in India on behalf of you.  To present the documents before the Subregistrar and to all other acts.  He will also go to Banks and sign instued of you.  If you give power in your deed he will manage your assets and do all court related works.  This power will be returned by the Sub registrar or any body. They only take xerox copy of general power, original always with your father.

If you execute on plain paper and send your father.  He will go within 3 months to the District Registrar Office and ger validation under Section 18 of Stamp Act by paying stamp duty there.  After validation power is perfectly useful to do all acts mentined in the power.

ksnarayanarao@yahoo.com

District Registrar

1 Like

Rajendran (Prop.)     12 April 2011

Respected Sir,

Your information is very useful. Kindly clarify the following : The GPA executant is in US. He wants to give GPA to his father who is in India. He is expected to sign the GPA before the Indian Consulate in Newyork. Questions in this regard.

1) Is it necessary to have the GPA PRE-SIGNED by his father (as GPA Holder) prior to signing by the Executant before the Consulate authorities in US or is it sufficient if the signature of the GPA Holder is obtained just before the GPA is validated in India

2)  Is it mandatory to get the witnesses signature in GPA ? If so, is it to be obtained at the time of executing before the Consulate in US or is it sufficient to obtain the signature of the witnesses just before the GPA is validated in India.

Thanks in advance.for your clarification

 

Rajendran

sangam kumar (Web Maseter)     02 September 2011

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S.Khan (Advocate)     16 September 2011

The power of attorney whether general or special in case you reside outside india or where the indian registration act does not apply, must be attested by the indian consulate OR by a Notary public. General power of attorney may be for more than one purpose. Such power of attorney shall be operative only after paying the stamp duty as applicable in your state.


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