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Ramudu (NA)     21 December 2011

Power of attorney of sale by legal heir

We (legal heirs) want to sell a plot purchased by my father who has died in 2004(intestate). We are 5 (mother and 4 children) of us. My sister is an NRI. The property is in Tamilnadu. We want to sell the property. I have the following questions?


1. Does all 5 of us has to sign the Sale deed and present at the Register office for registration?

2. As NRI heir cannot travel for this purpose (cost of the travel is more than the cost of her share) whether she can give power of attorney to any one of us? or giving POA in the name of my mother is cheaper and better.

3. Can the power of attorney be notarised at her place or does it necessarily has to be attested by Indian Embassy (as it is far off and tedious procedure).

4. Is her photo must and attested by the Notary in the POA?

5. Whether the POA needs to be registered/adjudicated at the Distrrict Register office?

6. Is there any other simple way of authorising one of us to sign on behalf of her in the sale deed.

Thanks in advance



Learning

 5 Replies

Rajesh Hazra (Mediator Mediation Counsel)     21 December 2011

All 5 of you are required to appear before the Registering auithority.

Your NRI sisiter can give power of attorney to in the name of  your mother.

The power of attorney has to be notarised at her place or has to be attested by Indian Embassy.

The best would have been, if your NRI sister could have come down as the Registration laws are strict in some cases.

regards

K.P.Satish Kumar (Advocate)     21 December 2011

All the 5 persons should come to the register office for registering the property. If the NRI person cannot come then Register POA in Indian Embassy and it should be adjudicated at the register office where the property lies.

Visit : https://myadvocate.wordpress.com

Chennai Helpline: 9962111818.

Cawas (Owner)     20 April 2012

 

Dear Members

I wanted to sell my flat in Mumbai. I approached my sister and got a Power Of Attorney registered in Gujarat. This POA specifically mentioned that the POA is granted to me for selling the flat to the specific buyers(the buyers names were mentioned). Now I am unable to reach any form of agreement with them related to sale of my property. The buyers have also kept the original POA with them. On the original POA that was registered in Gujerat neither my name or my signature was taken at the time of registration. Please tell me what I should do? Will a renouncing of my POA suffice. My sister would not mind helping me with it. Please answer.

Satish Parthasarathy (xx)     18 March 2015

Hello,

There are 3 legal heirs (A,B &C) for a property.

2 legal heirs (A&B) got settled in abroad. They hav given full power of attorney(POA) to "C" for the entire property. In the document "A&B" have stated that "C" can do anything with the property as per the wish.

Can "C" give POA to another person or will be able to execute only the sale deed?

Thanks in advance

K. GOPALAKRISHNAN (ADVOCATE)     03 April 2015

Dear Sathish,

 

He cannot give POA to another person, since he himself is a POA.  However, he can execute sale deed


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