Aaaaanjali (home) 13 June 2013

Special poa to handle finance for divorce

Hi,

I am currently in USA and going through a divorce here. The finance part is now handled and I and my exhusband together own a apartment in India ( housing loan in progress).

We also own a land that is in his name. Since My parents and I paid a mojor sum for the apartment and the land. I am currently offering to settle the loan for the house if he agrees to keep the land and give me the apartment.

I would like to understand if a Special Power of Attorney would be the best way to handle this without travelling to India. If I and he together give special PoA to my brother in India I beleive he should be able to handle the bank loan and change the deed.. I am hoping to get a irrevocable PoA so that I dont have any distrust issues too..Pls advice if this is even feasible. Thanks!

Geetha.R

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5 Replies

upendra Singh Chandrawat (Advocate) 13 June 2013

Hi Geetha

Agree with you go for Special POA, this is the best way by which you can avoid travelling from USA to India.

Aaaaanjali (home) 14 June 2013

Thanks for the response! just curious can I and my ex husband give the a single PoA to my brother? or should we give seperate PoA to 2 seperate people?

Hemang (Advocate) 14 June 2013

Fine. You can execute and authorize the person by way of power of attorney.

God is Great (Executive) 14 June 2013

You can definetly have a single peson appointed POA, but he should agree for the same. If he does not, then you both can appoint seperate POA 's.

Jayendra Sevada (Advocate) 16 June 2013

Dear Geetha,

You and your husband can appoint one attorney to do all such acts which are part of the power of attorney. You and your husband has to appear and sign before the Consulate General at Indian Embassy, USA to give it a legal recognition. Then in India the attorney holder of the SPA has to go and appear before the Sub-Registrar to get stampped.

The attorney holder can do all such acts which are emboided under the SPA, So be careful before you draft the SPA as it should restrict the holder to only clear the dues and not to sell the same.

Best Regards,

Jayendra Sevada

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