• Power of attorney to sell property

Hi,
I am staying in UK with my family. We own a flat in India and planning to sell. Under this Covid situation I am planning to travel myself to sell the property. The flat is registered on our name(Myself and wife). 
How to get power of attorney of my wife while we are here in UK?
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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13 Answers

Your wife has to execute specific power of attorney for sale of her share in property 

 

2) it has to be attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

A power of attorney can be obtained from her in UK through the embassy and it would be registered in India and would be valid.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

1. You can contact a Lawyer in India to prepare the POA,  who will send it to your email ID. Take printout of the POA document.

2.  Let your wife sign the POA as the Principal and you sign as the Agent.

3.  Get the POA countersigned in the Indian Embassy and bring it to India.

4.  Get the POA adjudicated in the jurisdictional District Registrar's Office in India and use the same, representing your wife at the time of registration of the property in Sub Registrar's Office,  in favour of the prospective buyer.

Shashidhar S. Sastry
Advocate, Bangalore
5427 Answers
330 Consultations

The procedure  is, draft a special power of attorney, it is not GPA  on Indian stamp paper of 100 rupees which  is available in all countries wife giving SPA to you to sell the property.  Go to Indian consulate/High Commissioner and get SPA validated which  the consulate official will readily do. Take the SPA to the District Registrar in India who will validate it by putting his seal and signature. Fee for validation of SPA is 1 %  as it is given to husband. With the validated SPA you can execute sale deed on behalf of your wife in the office of sub-registrar office. Both the giver of SPA and you have to visit the high commissioner.

Ravi Shinde
Advocate, Hyderabad
4292 Answers
42 Consultations

There is no clarity on this process as each registrar office follow different rules. Better check with document writer of the area where property is located. 

Regards 

G.Rajaganapathy 

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2229 Answers
8 Consultations

Dear Sir, 

You can make an Power of Attorney in UK itself and get it registered there it will be legal and valid in India. As per Section 14 of the Notaries Act, 1952, Power of Attorney made abroad is legally valid and accepted in India. Thank you. 

Please Consult me for any further queries. 

If you like my answer please give a good rating and review.

Anik Miu
Advocate, Bangalore
10299 Answers
121 Consultations

the POA can be drafted by a lawyer

it has to be signed before the Indian Embassy/Consulate in UK or before a public notary there 

if the POA is notorised then a certificate of apostille has to be obtained to authenticate the notorial act

the sale deed can also be signed there

the POA can then be used to complete the registration formalities on behalf of your wife

Yusuf Rampurawala
Advocate, Mumbai
7722 Answers
79 Consultations

Hi, your wife can execute the General Power of Attorney in your favor and on the basis of the General Power of Attorney of your wife you can sell the property on behalf of your wife.

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

You can get a power of attorney deed executed by her in your favor at UK itself, get it notarised by a local notary public.

Then you can get it adjudicated before the concerned sub registrar in India in order to enable you to sell her share of property also  with the aid of this power of attorney deed in your favor. 

T Kalaiselvan
Advocate, Vellore
87470 Answers
2348 Consultations

Dear Querist

Draft a power of attorney in your favor and after her signature, attasted the same by Notary public. That's it.

Nadeem Qureshi
Advocate, New Delhi
6319 Answers
302 Consultations

1. The sale deed in connection with a property in India can not be registered without a registered POA.

 

2. Indian Consulate can register the said POA but ordinarily they will refuse to do the same offering you that they wiil attest the same which may not be accepted by the Registrar in India.

Krishna Kishore Ganguly
Advocate, Kolkata
27500 Answers
726 Consultations

it is easy and you need not to come to india to sell your property. give gpa to someone close to you and he will sell the property in your name. you can check my website for formats of GPA

Gopender
Advocate, New Delhi
384 Answers

- Since , the said flat is in your joint name , then legally in her absence you can sell the flat , and execute the sale deed in favour of the purchaser. 

- She can execute GPA/SPA in UK and after getting notarised as per UK rule , you should attested the same from the office of the consulate of India. 

 

Mohammed Shahzad
Advocate, Delhi
14651 Answers
224 Consultations

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