Hi Experts, I am looking to purchase a property which is on joint ownership of Husband and Wife. They both stays in US. For executing sale deed, Husband is ready to come to India to sign documents however he is expressing inabilities to bring his wife with him. He mentioned that, he has General Power Of Attorney executed by wife in his name authorizing him for sell of this property. My Questions are 1. Is it legally ok to proceed with such deal where one owner is available for signature and another owner is giving POA and not coming to India for property sale deed execution. Will there be any claim by wife in future in case they have some issue in future? 2. What all things should I validate regarding POA? What is validity of general POA in terms of duration, legality? 3. Will there be issues in Society NOC, Share Certificate transfer and registering my name in Property Tax, Light Bill etc.
Wife should execute specific POA in favour of family member authorising him to sell the property
2) it should be attested before Indian consulate
3) you would not face issues in transferring property in your name
4) seller should agree to obtain society NOC pay transfer charges
Wife has executed general POA in her husband's name.
Specific POA has to be executed authorising husband to sell property
There is general power of attorney executed by wife in her Husband's name to sell property, is there any difference between General and Specific POA? There is a stamp of Consulate General Of India on it. This general POA has details of property and authorization to sell property.
Specific POA is only to authorise sale of specific property
If general POA has details of property and authorising sale of property it should suffice
Will there be any claim on property by wife after execution of sale deed in future in case they have some issue in future between them?
Once she has executed POA authorising husband to sell the property and it is attested before Indian consulate any claim by wife would not be sustainable
Dear Sir/Ma'am
To our knowledge, since the Power of Attorney has already been issued in favor of the husband, it gives him the right to execute sale deed proceedings by himself. Even if any issues arise between them in the future, it wouldn't affect the sale deed.
The specific power of attorney is executed for a specific task and General POA involves everything. In your case, the General Power of Attorney is also sufficient. The durability of Power of Attorney varies according to the wishes of the executor. It is mentioned in the agreement. If the wife of the seller would have executed a Durable Power of Attorney then it will be valid even after her death or if it is non-durable, it will only be valid and legal till the time she is alive.
To answer your question, no, it wouldn't affect your rights on the property once the sale deed is final and the property gets transferred in your name. Also. you wouldn't face any issues in Society NOC or for property tax etc. Thank You
1. a poa containing a power to sell clause is required to be stamped. Thus full stamp duty as applicable on a conveyance or a sale deed is required to be paid on the POA for the 50% share of the wife
2. it would be better if the sale deed is couriered to the USA where the wife can sign on it before the Indian Consulate and the signed sale deed can then be sent back to India for stamping and registration
3. the husband would then have comply with the registration formalities on behalf of his wife using her general POA
1. It's legally O.K. to proceed with GPA, after its adjudication in the jurisdictional District Registrar's Office in India.
2. Wife, after executing a POA in favour of her husband to sell her particular share in the joint property by him, can't object/claim after the sale deed is executed in favour of prospective buyer.
3. The legality of GPA will end after the sale is concluded in favour of the prospective buyer and upto the legalities connected with the sale, like mutation of the property in revenue/corporation/municipal/society NOC/share certificate transfer/property tax/water board/electricity board, etc.
1. The joint owner i.e., the wife of the other joint owner has authorized her husband by executing a power of attorney deed to sell her share of property on her behalf, hence she cannot claim her share in future for any reason.
2. The power of attorney holder should get the POA deed adjudicated before the concerned registrar within a month from the date of the deed coming to India.
Once the said deed is adjudicated by the sub registrar, it becomes a valid document by which the power holder can execute the registered sale deed on behalf of the principal.
3. The seller has to first obtain NOC from society to sell the property to the prospective buyer, which would enable you to transfer the share certificate in your name subsequently.
The POA deed executed by the wife in favor of her husband has to be duly attested by a Notary of that country or by an official of the Indian embassy.
This GPA or SPA, both, if executed properly and duly attested by the embassy official then it is a valid document by which the power agent can perform the acts as specified in the power deed on behalf of the principal.
The Power of attorney deed had been executed by her which she cannot deny at any stage in future for any reason.
Even if there is a difference of opinion between them in future they may have to sort it out without involving the property that has been sold by her husband on her authorisation through the said POA deed.