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Ranjith (Self)     24 April 2013

Is poa from wife to husband nris valid

Hi,

     I am planning to buy a Apartment 2 BHK at Bangalore. The property is about 6 years old. The property is bought and co-owned by hasband and wife and they have home loan. But currently the owners are settled outside india(Australia) for a long time.

  Since they have 2 kids and wife can not travell to India, the seller is saying that husband will get the POA from Wife in his name through Australian Embasy.

If husband comes to India and executes the sale deed on his and his wife's part(using POA), is this is valid transaction?

How in this case from a NRI husband and wife owned property can be bought?(I am aware that as per SC ruling POAs are not valid for ownership transfer.)

Please advice.

Thanks
Ranjith T



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