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Vilas Nair   25 December 2020

Poa to niece for property sale

Hello,

I have a property in Pune which I would like to sell. Now the problem is that I stay outside India and my family (including mother, father passed away) is along with me and we cannot travel due to airport closure. I have a sister who is also not in India at the moment. So the only person available at the moment in India is my Niece.

I would like to know whether I can make POA in my Niece's name for selling the property. I was told that only blood relation are allowed to be in POA.

Thanks in advance for your feedback!



Learning

 3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     25 December 2020

1.  ONLY a proper Stamp Duty paid (500/-) and Registered POA holder is entitled to execute any immovable property transaction before the local registrar of sub-assurances. Online POA Registration facility is not available, as yet.   IF the POA is not registered, THEN the whole proceedings shall remain illegal.  POA can be given to "ANYBODY", irrespective of relationships.  Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed. 

2.  POA may have strategic clauses and time limitations of the deal (payment terms, validity time period of the POA document ....), for safety of the POA giver.

3.  POA can be registered "ANYWHERE" in India, before the local registrar of sub-assurances and shall be valid throughout India.  Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed. A Notarized POA is legally infructuous for immovable properties.

4.  POA document can be endorsed abroad by the local consulate office and SUBSEQUENTLY stamp duty paid and registered in India, for it to be legally enforceable.

5.  IF person CANNOT go to Registrar office to register POA, THEN Registrar's officer can be requisitioned to visit home, to register POA, on payment of due fees by following due procedure of law.

6. As per a SC judgment, "Immovable Property" CANNOT be sold using a GPA and such GPA and Sale shall remain legally null & void.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 

N.K.Assumi (Advocate)     25 December 2020

Agree with the above respond of the expert.

Vilas Nair   25 December 2020

Thank you for feedback.

In my case, can you advise the procedure I need to follow in order to sell my flat through my niece?

 


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