I want to buy a property in Kolkata and made an agreement with the owner. But suddenly the owner is expired. The legal heirs of the owner are : his wife, one daughter and one son, as they said. The wife and the daughter are residing at Kolkata and the son is residing at Canada. He made a notarized Power of Attorney (POA) in favour of his mother, further he got POA stamped before Indian Consulate at Canada and sent it to his mother. She said the the POA is registered with / verified by the local Registrar (where the registration of the property will be made). Now my questions are: 1) How can I verify that the POA is authenticated / attested by the Indian Consulate? There is a sign with a stamp of the Indian Consulate on the POA. Can I verify it through online of by post? How? 2) How can I verified that the POA is registered with / verified by the local Registrar? 3) What are the proof that above three persons are only the legal heirs of the owner?
Ask the legal heirs to obtain letters of administration from high court as deceased owner died intestate ie without a will
2) if POA is attested before Indian consulate registration in India is not required of POA
3) Indian consulate stamp would be affixed on POA
The same will be stamped and signed by the consulate you can verify with the consulate or embassy in your jurisdiction for authenticity.
It will have registered stamp and the same will be shown online.
legal heir or not can be verified through papers, 7/12 document and other document of papers. if not then through personal inquiry and information
Dear Sir,
1) You can verify the POA is attested by the Indian Consulate through decentralized Branch Secretariats/RPOs of ministry of external affairs in your state.
2) The authentication or attestation of Power of Attorney is required only when a document executed by the principal is presented for registration. You can visit the registrar office to confirm the authenticity of POA.
3) You will have to get proof of ownership of the property, you need to confirm if the property is willed to the wife/ son and daughter, or to someone else.
4) If the owner died interstate the mother of the owner will also have a right to a share in his property. The ownership has to be verified through will, before you buy the property.
Thank you
Take photocopy of stamped GPA to District Registrar and verify, there will be entries made in register of its validation. That will establish that it is stamped by Indian consulate. There is always possibility of there being more legal heirs then claimed. Incorporate a declaration in sale deed that there are no other heirs. There is always an element of risk involved in purchase of immovable property.
1. There is no necessity to verify the authentication of the duly attested POA deed, it is the duty of the sub registrar to confirm about the genuineness of the power of attorney deed, you may first obtain a legal opinion about the genuineness of the property as well as obtain a legal heirship certificate from the sellers to confirm the actual legal heirs before getting the sale deed registered.
2. The POA deed executed by the principal in a foreign country has to be adjudicated by the sub registrar concerned in India, you will find the adjudication number written over the said document from which you can confirm the same.
That is why you were advised to obtain a proper legal opinion about the property and to scrutinise the relevant documents before purchasing the property.
3. You ask them to produce the legal heirship certificate issued by the revenue department to confirm the same.
1. The said POA can not be registered before the Registrar since for registering a document, its executor shall have to be present before the registrar.
2.The said POA attested by the Indian Consulate is required to be stamped by the Stamp Collector at Kolkata.
3. You should check the POA and also the envelope through which it was sent from Canada to Kolkata.
