Execute POA in favour of family member to execute registered leave and licence agreement
2) POA should be attested before Indian consulate
Hi, I live abroad and my property in Vadodara (Gujarat) which I am going to rent it out from 1st July. Can I sign Leave and License Agreement online (from Abroad) or do I need to give a Power of Attorney to a local resident who needs to sign the tenancy agreement? Thank you so much!
Execute POA in favour of family member to execute registered leave and licence agreement
2) POA should be attested before Indian consulate
Dear Client,
Yes, there is an option for signing the Leave and Licence Agreement on a digital platform while being located in another country for the house in Vadodara, Gujarat. Nowadays, electronic signatures are widely accepted in many countries, including India, thus accepting remote signings of important legal documents, including rental agreements.
Here are the steps you can take:
1. Use E-Signatures: There is always an option of using an e-signature platform that is valid in India, like Aadhaar e-signature or any other valid e-signature that can be used in India.
2.Virtual Signing: Consult with the tenant and/or a local agent to initial the agreement remotely by using video conferencing tools or signing a digital document.
3. Legal Advice: I think it is instrumental to seek legal advice prior to drafting the agreement with a view to the applicable laws and regulations in the region.
However, it may also be obtained in the form of a power of attorney that authorises someone to sign for or on behalf of a local party, especially if the agreement cannot be signed electronically or remotely. It is also advisable to confirm that all the partners are in agreement with the chosen method of signing the agreement to avert any misunderstanding in the process.
The latest law for tenting out a proeprty by any mode involves registration even for 11 months leave and licence agreement, hence either you have to be here physically or can authorise someone through a power of attorney deed to sign the papers on your behalf.
- If you are going to rent that property for more than 11 months then the registration of leave and license agreement is mandatory from the office of sub-registrar
- Hence, your presence physically or through a POA is necessary to execute the agreement.
- If you are unable to come to India, then you can give POA to any relative/nearest person for appearing and registering the agreement.
- The said POA should be notarized as per rule of Canada and attested from the consulate of India.
You can sign the physical copy sitting in abroad and then send it by post for signature of the licensee.
If the rental agreement is for less than 11 months, then online is preferred; otherwise, POA will be better
You have two options when it comes to signing a Leave and License Agreement for your property in Vadodara while being abroad:
1. Signing Online (E-Registration):
2. Power of Attorney (POA):
Which Option to Choose: