I got a POA (gave it to a blood relative) to sell property in Bhopal, Madhya Pradesh but was told that POA cannot be used to sell property anymore in India. I'm an NRI that cannot visit India to sell my property because of medical reasons. How can I sell my property? It can't be possible that there is no way but for me to visit India, certainly some sort of procedure must exist for those with valid reasons to be unable to make the trip.
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The property can be handed over to a person having all the rights an owner has ie PoA.
PoA does not confer ownership rights.
Therefore a person can sell the property on your behalf but ownership cannot be transferred. You have to come personally to India.
Regards
If it's not possible for me to come to India certainly I can't be expected to simply give up my property. The Indian legal system does incorporate loopholes that allow for sale and transfer of ownership remotely when there is a valid medical reason for inability to travel (I can provide documentation of this). I'm asking specifically what that clause is - I understand it might not be well known or something you deal with often. But I also know it exists.
See you are wrongly informed from your power of attorney your agent the PoA holder can register execute sale deed in favour of third party .
The power to sale should be given In the POA.
See there is provision under registration act and you can most certainly give a power of attorney to sale the property to your relative there won't be any issue in that. Refer to section 33 of registration act.
1) I presume you are owner of the property
2) if so you can execute specific POA in favour of family member to sell your property in India
3) the POA should be attested before Indian consulate
4) the POA holder can execute sale deed on your behalf
You are at liberty to execute specific POA for sale of your property if you are unable to travel to India
You can issue POA to any one / one of your family members authorizing him / her to sell your property i.e., execute and register on your behalf.
Get the same attested before Indian Consulate and send it to your POA holder. Rest of the thing will be done by him / her.
It is a wrong interpretation of the rule.
You can give poa to anybody to execute sale deed for selling your property to any third party but you can not sell any property by giving the proposed buyer a poa, without executing sale deed and getting it registered.
Sale by poa itself is invalid in India.
1. it is wrong to say that on the basis if POA no property can be sold.
2. If you have any relative living in MP or you have engaged any professional or real estate agent to sell the property on your behalf on payment of his processional fees then the said POA is valid and on this basis you can sell the property.
3. However such POA requires to be registered.
You can sell property through poa after execution of sale deed. Only selling of property on basis of poa is not allowed
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. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to ANYBODY, irrespective of relationships.
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.
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.
Dear Sir,
POA is to be given to blood relative, then it is possible to sell the property.
Property Sale in India from abroad when owner unable to travel to India
While finding buyers and preparation of sale deed etc. can be done by brokers, lawyers etc in India, the presence of the owner is required at the time of registration in the registrar office. If this is not possible then the option is to allow someone to represent the owner by giving a Power of Attorney to act on the owners behalf. NRIs can either get the required Power of Attorney document prepared in India or abroad. However, POA sent to India from abroad regarding property matters must be signed and attested at the Indian Consulate. Once the Indian Consulate attests the POA it should be acceptable by registrars in India.To sell your property you are going to need:•Property documents showing ownership of the property etc.•An NRO bank account in India. If you do not already have such an account, you can open one from Canada by using online services offered by many Indian banks to non-resident Indians. This type of account will be required to have the sale proceeds sent to Canada.•Power of attorney document prepared and attested by the Indian consulate.
By giving power of attorney you are allowing someone to act on your behalf. When drafting a POA seek the services of a lawyer to ensure your POA is not misused. People in India often ask NRIs to simply send a general power of attorney as this will cover everything and be more convenient. However giving a general power of attorney is very risky and subject to misuse. Generally there appears to be a misunderstanding that Non-residents must give a comprehensive power of attorney to allow someone to represent them on property matters in India. However this is not true, instead of giving a POA to someone to act on their behalf on all property matters, the seller can give 'Admit PoA' rights to someone to represent them only at the registration office. All other documents should be signed by the seller themselves which is quite easy these days with fast courier services
Write down a specific power of attorney for sale of this property.
Get this POA attested by Indian Embassy/Consulate in your country of current residence.
Send consulate / Indian embassy signed or attested POA to India by postal mail.
Thereafter the POA holder is required get this POA from Collectorate office.
With the above POA now the property can be sold by your POA holder on your behalf.
Poor advise. through POA ownership cannot be transfer but sale on behalf of owner through POA is valid.
1. Selling property through POA executed in favour of broker/middleman etc has been decided against as per the Supreme Court order in the year 2012. Surya Electrics...........Vs........The State of Haryana. In genuine cases where the owner of the property can not come to register the sale deed, it can be registered by his POA holder who is blood related to him/her.
2. The office of the Registrar probably is not aware of the complete order and procedure to be followed in such cases.
3. The POA holder can file a Writ Petition against the Registrar praying for an order upon him to allow the sale deed to be registered by the POA holder.
1. In your case, your POA holder should have been allowed to register the sale deed for the given circumstances.
2. First of all send the Registrar a letter/legal notice asking him to allow the registration through the POA holder on the given circumstances.
3. If he refuses to comply with, your POA holder should file the W.P. as suggested in my earlier post.
You can make POA in US get it attested from Indian consulate and send it to your blood relative.
Then for making POA valid he have to register the POA in India. Then he can sell the property using POA.
A Non Resident can sell a residential property in India through a Power of Attorney (POA). However the Power of Attorney must be signed in the presence of 2 witnesses and notarised by the Indian Consulate/Embassy.
The POA must be registered with the Sub Registrar/SDM Office and once registered it can be used.
You can give POA to any close relative in India to sell your immovable proeprty, somebody misguided you about this.
The reliability of the power agent may be confirmed before executing the same.
Your worries are unnecessary.
You have been misguided about this by somebody without knowing the provisions of law in this regard.
You can take the assistance of a lawyer in India and proceed as advised or suggested in this regard.