POA has to be executed on favour of family member
you can execute POA in favour of mother it should be attested before Indian consulate
3) your wife can execute POA in favour of her father or mother
Registry of property while staying in USA
Hi Team, I and my wife have a flat in Amrapali Silicon City, Sec-76, Noida, UP. The flat builder buyer agreement have both of our names. The flat has no dues and now its eligible for registry (after all dues are cleared and verified by Court Receiver of Amrapali). For us (both me and my wife) it will be not possible to go to India in next 6-7 months for sure. As per the discussion with a lawyer, it seems if we can provide power of attorney in the favor of my mother (who is staying in the same flat in Noida) attested by Indian Embassy in USA then for registry and other paper work, we don't have to present physically in India. So please the following :- 1.) If the above process seems legally valid or not? If not then please provide the correct process in such case. 2.) Do we need single GPA from me and my wife or do we need separate GPAs ? Like in one GPA, I will authorize my mother and in another she will authorize her mother-in-law? Is she allowed to authorize her even when she is not having any blood relationship with my mother? Please advice on this. Regards, Raunak Gupta
Asked 6 months ago in Property Law
Religion: Hindu
11 Answers
1. Yes, you can give a POA to your mother to appear before the sub-registrar on your behalf for the registration of the property in your name.
- The Said POA should be notarized as per rule of US , and attested from the consulate of India.
2. Yes, it can be possible
1. Yes, it is very much legally valid procedure
2. A single GOA deed will also be sufficient
1. Yes, it is valid and permissible under law.
2. A single GPA r a separate one, either of the two will do. The constituted attorney need not be a blood relative.
there is no 'team' here
the procedure told by the lawyer is correct
a single poa can be made by which both of you can jointly authorise your mother to sign on the sale deed and complete its registration formalities
your wife can also authorise your mother to be your wife's poa even if they are not related by blood
in this case there is no consideration being passed on by the mother to the grantors. the poa is merely to sign the sale deed on behalf of the purchasers and complete the registration formalities
you and your wife can also sign on the sale deed in the USA before the embassy and the registration formality of the same can be done by your mother using the poa
so the sale deed and poa can both be signed by you and your wife in the USA before the embassy or notary public there
the signed documents can then be sent to the donee of the poa ie your mother and then she will do the needful for registering the sale deed using the poa
You and your wife may jointly execute a special (specific) PoA - not a GPA - in favour of your mother authorising her to sign the sale deed to be executed and registered by the flat-promoters on your behalf. The Special PoA needs to be properly drafted and signed by both of you, and EITHER notarised OR attested by the Indian Consulate in USA. Then, it needs to be sent to your mother in India. It needs to be adjudicated (meaning, assessed for stamp duty payable) at the land registry where the sale deed is to be registered. After adjudication, your mother can legally act on the special PoA on your behalf. This is the procedure.
1. As suggested by you, GPA can be given by you appointing your mother, who will execute sale deed, on your behalf, as a buyer.
2. Similarly your wife can execute a GPA in favour of her mother, who will execute sale deed, on your wife's behalf, as a buyer.
3. Hence two numbers GPA has to be prepared.
4. Alternatively, in a single GPA, both you and your wife, can authorise your mother even though your wife is not related to her through blood, by presenting the document for registration, which has to be clearly narrated in the GPA.
1) Yes
2) You and your wife can execute a single GPA document authorizing your mother to act on behalf of both of you.
Dear Client,
1. Yes, the technique of supplying a Power of Attorney (POA) in the desire of your mother, as attested through the Indian Embassy in the USA, is legally legitimate and typically used for such conditions. This permits your mother to behave on your behalf for the registry and other associated office work without requiring your physical presence in India. The attested POA has to explicitly state the powers granted to your mother, making sure it consists of all essential moves related to the asset registry.
2. You will need separate General Power of Attorney (GPA) files for both you and your wife. Each of you need to personally authorise your mother in your very own GPA. Your spouse can legally authorise her mother-in-law or mother even without a blood courting, provided the GPA record is efficiently performed and attested through the Indian Embassy. This ensures readability and criminal standing for your mom to represent both of you within the belongings registry method.
Execute POA at Embassy and send to mother.
Yes it’s possible and single gpa is also possible only the same has to be registered
