My parents want to sell a property that has both my mother as a primary owner and my sister as a co-owner(secondary). My parent want to sell that property but my sister is unable to visit due to the pandemic. In that case how do they sell the property, does my sister needs to issue a power of attorney or does she need to issue any legal document that states her consent to sell the flat. How can my parents be able to sell the property, without my sister needed to be present during the registration. Is there a way to do e-signature.
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1. As you have rightly suggested, let your sister execute a registered POA in favour of a blood relative, so that the property can be sold to a prospective buyer without your sister's physical presence.
2. So far, e-signature procedure is not available.
How much does it cost to issue a POA and does the cost different based on the property value. My sister stays in Andra Pradesh, while the property is in Gujarat. Can she get a POA from Andhra Pradesh and thats still valid in Gujarat.
Your sister can execute the POA in A.P. for the property situated in Gujarat and will be valid in Gujarat. The cost to prepare POA varies from one Lawyer to another Lawyer.
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. Online POA Registration facility is not available, as yet. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to "ANYBODY", irrespective of relationships. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed.
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. A Notarized POA is legally infructuous for immovable properties.
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.
5. IF person CANNOT go to Registrar office to register POA, THEN Registrar's officer can be requisitioned to visit home, to register POA, on payment of due fees by following due procedure of law.
6. As per a SC judgment, "Immovable Property" CANNOT be sold using a GPA and such GPA and Sale shall remain legally null & void.
Keep Smiling .... Hemant Agarwal
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Your sister can execute POAin favour of mother or father to sell her share in property
2) it should be registered where she is residing at present
POA can be registered in AP
it should be on stamp paper of Rs 500 or so as per stamp act of your state
sister can give a POA to the mother or any other trusted relative giving power to complete the registration formalities on her behalf
that POA has to be affirmed or signed before the sub-registrar in A.P. where your sister resides
the sale deed can be couriered to your sister and she can sign and sent it back to your mother
the mother will then sign on that sale deed and have it registered with the Gujarat sub-registrar using the POA of the sister
If your sister is not able to travel for executing the joint registered sale deed, she can give a POA deed either in the name of her mother or her father who can execute the sale deed on her behalf.
She can execute the POA deed from the country of her current residence and send it across to the power holder by courier after getting it attested from a local Notary public or by an official of the Indian embassy or high commission of that country.
The power holder after receiving the power of attorney deed, would get it adjudicated by the concerned registrar and this would enable him to execute the sale deed on her behalf in her absence.
If your sister is residing in Andhra Pradesh then she may have to execute a registered power of attorney deed duly registered before a local sub-registrar and send it across to the power holder at Gujarat.
The charges for preparing the POA deed and the stamp duty including the service charges for this service rendered by a document writer can be enquired locally.
1. Since your sister is unable to visit she can execute a GPA in favour of her father or mother to authorise him/her to execute the sale deed in favour of prospective buyer for and on her behalf.
2. The GPA has to be attested at Indian consulate and then adjudicated in India.
3. E-signature will not be accepted.
4. So far as the cost is concerned this can be answered by only a local lawyer.
- Since, the said property is in the name of your mother and sister , then the presence of both of them is mandatory before the registrar for selling the same.
- Further , your sister can execute a POA/SPA in favour of any blood relative/nearest one to sign and to execute the sell deed in favour of purchaser , if she is unable to appear physically.
- Further, POA stamp duty will not depend upon the value of property , and it can be registered in Andhra Predesh.
Yes it can be done through a registered poa
1. Your parents shall have to send a printed POA to your sister for appending her signature thereupon which shall have to be attested by the appropriate officer of her local Indian Consulate.
2. The said POA executed in favour of anyone in India as explained above shall have to be sent to the POA holder for getting the same stamped by the Collector for rendering validity.
3. Now, the said POA holder can execute any deed of conveyance for and on behalf of your sister.
1. I am sorry. I understood that she is staying abroad.
2. Since she is staying in India, she can execute and notarise the said POA at the place where she is staying and send it to the POA holder for signing the sale deed for and on her behalf.
3. The fees to be charged by the lawyer is not connected with the value of the property.