yes,
please mention the specific reason and purpose of Poa.
Power of attorney for buying property
Hi, I am interested in buying a property along with my wife. My wife is in mexico and as i believe she needs to send a power of attorney for this purpose. It is not possible for her to go to embassy to get poa. Can a poa notarised from mexico work in this case? The process that i wanted to follow is getting a POA notarized from mexico via courier and then getting in adjuticated here in india. Will this process legal as per law and can this be considered for property purchase? Thanks a lot
Asked 7 years ago in Property Law
Religion: Hindu
11 Answers
1) specific POA should be attested before Indian consulate
2) mere notarised POA would not suffice
3) you can have POA adjudicated and registered in India
Yes she can give a POA to you which need to be notarised and attested from Indian Embassy
Thereafter it requires franking/adjudication in India.
This is very much legal and legally permissible in India to get force of law.
This arrangement is perfectly valid and Property can be purchased on the strength of the same. Ask her to follow the following steps:-
A. Write down a POA.
B. Get it notarized after this is signed by 2 witnesses.
C. Get this POA attested at the Indian Embassy/Consulate in Mexico City.
D. Send the registered instrument to you by Post from Mexico.
Attestation of Power Of Attorney At Indian Consulate is a pre-requisite to get a POA registered in India for property management.
Hi ajay, Thanks for your reply. Can the notarized poa be adjucated and registered here in pune without the presence of my wife? I believe if this is possible then i will have a notarized poa and as per law i can put her name along with me in buying the property and that would be legally valid. Thanks
Asked 7 years ago
1) get POA attested before Indian consulate
2) then submit POA for adjudication and registration
3) your wife presence would not be necessary
Yes this can be done without the presence of your wife, holder of POA will have to mark presence.
You have have to go to the sub registrar office for getting the same verified.
Regrds
Hi, why don't you buy the property in your name and then transfer 50 percent share through gift deed to your wife .. That would be more convenient
hello,
my name is Manish not Ajay,
yes, the notarized poa be adjucated and registered here in pune without the presence of your wife.
after that you will have a registered poa and as per law you can put her name represented by you as constituted attorney in buying the property and that would be legally valid
if you want to buy the property in joint name then you will put again your name in personal capacity.
Your understanding is right.
She can get a POA executed and notarised in Mexico from a Notary Public of Mexico, send it back to India, get it adjudicated in India before concerned registrar's office, go ahead with the purchase of the property by signing on her behalf of too.
Can the notarized poa be adjucated and registered here in pune without the presence of my wife?
Yes, it can be done
I believe if this is possible then i will have a notarized poa and as per law i can put her name along with me in buying the property and that would be legally valid.
You can go ahead, this is the proper and legal procedure to be followed.