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Vijay Rao (IT)     01 June 2009

Power Of Attorney

Hello,

My wife and I are NRIs resident in Singapore and are joint owners of  a property in Delhi.

How do we create a  power of attorney from her to me so that she is not required to come to Delhi for registration of the property whenever I sell it ?

Does this POA have to be registered in Delhi or can it be registered anywhere in India ?

Can it instead be notarized from Singapore and be valid in India ?

Which of these do we need  : GPA,  SPA , will ?

Vijay

 



 5 Replies

A V Vishal (Advocate)     01 June 2009

Dear Mr Vijay,

You can execute the SPA at Singapore in your name by your wife and get it attested by a Public Notary or the Indian High Commission at Singapore. Her presence is not required for registering the POA in India, the Registration Deptt will charge you Rs.1,000/-  towards proper stamp duty and register it.

Prakash Yedhula (Lawyer)     01 June 2009

The Power can be notarized in Singapore. But the same has to be authenticated in India by payment of stamp duty before the Registrar concerned under whose jurisdiction the property is situate.  

Vijay Rao (IT)     01 June 2009

Thanks.

Does she need to be present in India when the POA is authenticated ? If the property is situated in Delhi can we execute the POA in another state in India by notary and after that have it authenticated /registered in Delhi ?

A V Vishal (Advocate)     02 June 2009

Dear Vijay,

Your wife's presence is not necessary.

V.S.R.Deekshitulu (B.Sc, B.L)     07 June 2009

The POA executed by you wife at singapore is to be either notarised or attested by the High commission. Then the same will be brought to India and will be presented for registration before the district Registrar. In cases of POA's between family members the stamp duty is 1000/- plus the usual registrationcharges. In other cases the stamp duty will be on the value of property

For registering the POA your wife need not come to India, and similarly she need not be present at the time of registration of actual sale or disposal. I hope the same is understood by you

 


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