Hello, I am a NRI visiting india but unable to get my PoA in Gurgaon. I will be in Uttrakhand. My question is can I issue a PoA to my mother in Uttrakhand and will it be valid in Gurgaon for the sale of a property? This power of attorney will provide a "relinquishment deed" in addition to the sale of the property. I own part of the property which I would release all rights to my mother. Thank you.
1. Yes, it's very much possible. You can register the POA to your mother in Uttarakhand and it will be valid for the property situated in Gurgaon.
2. Your mother can also execute a Relinquishment Deed in addition to the sale of property through this POA.
Yes a PoA issued in any state is valid anywhere in India. You can issue her a PoA document.
You can execute registered POA in favour of family member in Uttarakhand
it would be valid for sake of property in Gurgaon
Yes, while you are in India, you may very well execute and register a PoA in favour of your brother. If you wish to relinquish your share in the property, you will have to execute and register a separate deed of relinquishment before the sale of the property. It will not be legally suffice to include your act of relinquishment in the PoA. It must be by means of a separate document.
You need not come to India to sell immovable property. Any immovable property can be sold, purchased, gifted or relinquished by person residing abroad through Special Power Attorney. The procedure is, draft a special power of attorney on Indian stamp paper of 100 rupees which is available in all countries or even on white paper giving SPA to any of your relatives/friend to sell the property. Go to Indian consulate/high commissioner and get SPA attested which the consulate official will readily do. Due to pandemic walk-ins to Consulate are suspended, you can get the SPA attested online. Send the SPA to the person named, he will take the SPA to the District Registrar who will validate it by putting his seal and signature. Fee for validation of SPA is 1 % if it is given to blood relation if given to other person it is 2% of government valuation of the property. With the validated SPA you property can be sold by person named and proceeds can be deposited in your account.
Dear Client,
You can very well issue a PoA in your mother's name for the property at Gurugram. It is absolutely valid and legal if you vest your powers onto her and if she executes a Relinquishment Deed in addition to the sale of the property.
Thank you.
Thank you so much for answering. Quick other question: For us to get PoA in India (Uttarakhand) - do we need to have the person giving the PoA (myself) and the person to who I am giving the PoA (my mother or my sister) in the court?
1. Both the Principal and your Attorney have to physically attend to registration of POA in Uttarakhand in the Office of the Sub Registrar.
2. That means to say, you and your mother/sister have to be physically present at the time of registration of POA in Sub Registrar's Office.
No. The person who is to be given the PoA has yo take it and act upon it and complete the transaction. If both the holder of the PoA and the person issuing the PoA havw to be present in court then the whole purpose is defeated.
you can execute a registered power of attorney from any place in India to your power agent to carry out the tasks mentioned in the POA deed.
The agent can execute the powers in connection with the property in the place where the property is situated
The registered power of attorney deed is to be signed by both the executor/principal and the power agent before the concerned registrar.
Only principal ie person giving POA has to appear before sub registrar office for registration of POA
The PoA has to be properly drafted by your lawyer, executed by you and registered with the Registrar of Assurances in Uttarakhand. There is no need for you and the power agent to be present before a court there. You have to appear only before the Registrar.
Hi,
For getting a PoA, both principal and the person being the PoA have to be present in the sub-registrar office for registration of PoA.
Thank you.
The Power of Attorney executed any where in India is valid through out the India.
- Since, you are residing out of India then you can give POA to any relative or a nearest person for the sale of property and to execute a relinquishment deed .
- Further , as you are in INDIA , then registration of this POA is mandatory from the place where you are residing presently.
