Hi, My wife and I are currently in the US and we are planning to identify and buy a property in Chennai in both our oint ownership. However, only I will be in a position to travel for the registration and she will not be able to join due to other commitments. My questions: 1. In this case, how can I go about registering a property in joint ownership with her as the first owner and I as second? 2. Can I get her do a PoA in my favour that I can use to register the property in joint names? What is the process and can it be done since both of us are outside of Indis now? 3. Alternatively, should my wife give a PoA to her Father who is in India and have him represent her for Sale deed registration? What is the process for the same?
Your wife can execute POA in her father name to purchase property in india
2) specific POA should be attested before Indian consulate
3) you can then purchase property in joint names and father in law can sign sale deed for purchase on his daughter behalf
1. If your wife gives you a PoA, you may do so, naming her as the first and you as the second owner in the title to that property.
2. Your wife has to execute the PoA in accordance with the US law and get it either notarised by a Notary Public there or attested by the Indian Embassy/Consulate there. Then, upon arrival in India, it has to be adjudicated (meaning paying the stamp duty difference) by the land regisitry (where the property proposed to be purchased) within 3 months. Once adjudicated, you may proceed to execute the sale deed and register it.
3. She may execute the PoA in your or her father's favour. Legally, there is no difference.
You can obtain Special Power of Attorney from her in your favor to purchase property in joint name of you and her. You will be representing yourself and her as joint purchasers. It is a matter of proper drafting of SPA 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 you for purchase of property as joint owners. 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. 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 can purchase property in your name with wife as joint owner.
1. Your wife can execute a POA in favor of her relative or nearest person for signing and appearing before the registrar on your behalf.
- The said PAO should be properly notarized as per rule of US , and attested from consulate of India.
2. Since you are also a joint owner , then you cannot take her POA in your favor even signing on her behalf.
3. Yes.
Dear client,
1) you can do that
2) yes, you can get a POA. Get the POA deed signed by your wife in front of 2 witnesses and then approach the Indian consulate to get it notarized.
3) This seems like a better option. Your wife should sign the POA deed in the consulate in front of 2 witnesses and then send it through registered post to the holder. The holder should then register it at the sub-registrar office where the property is located or place of residence within 90 days.
Thank you
1. Let your wife authorise you to represent her, on her behalf, in the jurisdictional Sub Registrar's Office in India, by executing a registered POA by her in your favour.
2. The POA has to be countersigned by a n official of the Indian Consulate or get it notarized by a Notary and then forwarded to India for further adjudication of the POA in the jurisdictional District Registrar's Office.
3. Alternatively, as you have rightly suggested, your wife can authorise her father through POA, to represent her for Sale Deed registration. The process for this is, the POA has to be got countersigned by the Indian Consulate or notarised and then sent to India for onward adjudication in the jurisdictional District Registrar's Office.
1. You can obtain a power of attorney deed executed by her in yor name and get it adjudicated before the concerned sub registrar office and can sign the proeprty sale deeds on her behalf also at the time of execution of the registered sale deed in favor of both of you.
2. You can get a power of attorney deed executed by her in your favor duly attested by a notary public of that country or by an official of the Indian consulate and get it adjudicated before the concerned sub registrar within which the property is located.
3. This is an alternative arrangement which also is legally valid.
You need to be physically present or do online registration for the same.
Yes you can do poa option but you can't be both buyer and seller through poa.
Yes that will also be ok to give poa to father
