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elson serrao   30 March 2024

Poa for purchase of flat

I am an NRI and looking to purchase a flat in Mumbai. I am currently visiting India I am looking at drawing up a special POA providing my father with the legal rights to do all the required formalities with respect to the purchase. My question here is

1. I have not selected a flat to purchase yet, so can the POA still be executed without any details of the property?

2. Can my father use the POA to register the flat once purchased with the sub-registars office?

Any insights would be highly appreciated

Thank you


 6 Replies

T. Kalaiselvan, Advocate (Advocate)     30 March 2024

As you have not selected any property  so far, you can give a general power of attorney without mentioning the details of property but authorise him to sign the sale deed and fulfill other formalities in conncection with the purchase of the immovable property on your behalf.


Advocate Bhartesh goyal (advocate)     30 March 2024

Yes, you can execute general Power Of Attorney in favour of your father and authorized him to purchase of property  and complete all formalities for purchasing  the property pn behalf of you even though the property has not been finalized for purchase.

elson serrao   30 March 2024

Thank you for the information. Could you also let me know if I would need a notarized registration or only a direct registration with the sub-registar would suffice?

Advocate Bhartesh goyal (advocate)     30 March 2024

Power of Attorney registered in sub Registrar office is required for purchase of property. 


I do hold POA exactly for similar and identitycal job. And I have exercised the same using the POA. However, please note that now a days POAs need to be registered with the office of the 1st Class Magistrate or Executive Magistrate to be in the safe side either for your father or you. It is your wish either to mention a date of expiry of the validity of the POA or may keep it open and as you wish. In all practical purposes please note that it is better not to mention any date of validity. No one can stop you to keep the date open. 

However, please note that such documents need not be taken to the Notary as per the law they are not empowered to do such job due to obvious reasons. The true duty of a Notary is just to attest a normal document or attest your signature on the declaration which you are making. Getting before sworning the POA before and with the court is always desirable and does not cost much. Even sitting in a foreign country you can send a POA which can be registered either at the embassy / high commission of India located in the country or even in the Court of the country you are residing in. Suggest not to make the texts complicated instead make it lucid one.

I repeat once again that I hold a nos. of POA and there is no problem to do so. 




T. Kalaiselvan, Advocate (Advocate)     01 April 2024

As far as a legally valid transaction in respect of an immovable property is concerned, it should be executed on a registered deed alone and not by a notarized deed.

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