Power of Attorney for Real Estate in India

A “power of attorney” (POA) is a legal instrument whereby one person gives another person the authority to act on his or her behalf as his legal representative, and to make binding legal and financial decisions on your behalf. In Stroud’s judicial dictionary “power of attorney is defined extensively as an authority whereby one is set in the stead or place of another to act for him”. In Blacks dictionary it is described as the instrument by which a person is authorized to act as an agent of the granting it. It is pertinent to mention here a person need not be a lawyer to hold a Power of Attorney as an agent for someone else.The power of attorney can grant considerable power to a third party to act on your behalf. Therefore, before you sign your name to legal contracts, you should give careful consideration to the person to whom you choose to grant those powers, and whether any limits should be imposed in the time the power of attorney will last, or in its scope. Granting a Power of Attorney is a legal process that involves the drafting of a document which assigns to another person the power to act as your legal representative.Every adult has day-to-day affairs to manage. Many a times even when joint ownership situations exist it is not possible for a spouse or child to act for in the event of catastrophic illness or injury them. .The lack of properly drafted and executed power of attorney can lead to a lot of complications when an individual is incapacitated due to severe illness or injury rendering him/her unable to make decisions or manage financial and medical affairs.It often happens that, due to ignorance of law, people fail to make a proper power of attorney. It must be remembered that it is preferable that one should make a power of attorney to avoid the inconvenience and expense of legal proceedings. It must be done while the principal is competent, alert and aware of the consequences of his/her decision.Every act performed by your agent within the authority of the Power of Attorney is legally binding upon the persons granting it. A power of attorney should be given only to a trustworthy person, and only when absolutely necessary. The person who empowers is the Principal and the person to whom the power is conferred is the Agentthere are two types of power of attorney; “general” and “special” (or limited).A general power of attorney:

  • The principal empowers the agent with the right to carry out all legal acts on his behalf without restricting it to a particular transaction or act,
  • Gives the agent very broad powers to act on behalf of the Principal

A special power of attorney:

  • The authority is restricted to act only on certain matters or only a particular kind of transaction or to carry out a specific legal transaction for the Principal.
  • The agent’s power of attorney expires on the completion of the transaction

POINTS TO REMEMBER

  • The general rule of power of attorney is that it should be strictly construed.
  • Unless an express power is conferred on an agent to enter into contracts of guarantees on behalf of his principal or to execute or negotiate , negotiable instruments for his principal jointly with others
  • An agent cannot by his acts bind the principal to a larger extent than he is empowered to do under the power of attorney.
  • Fraud by the power agent does not bind the principal. He cannot be sued or otherwise held responsible for fraud by the agent
  • If the power does not authorize the agent to carry on a business except with limitations any act done by him in excess of such power will not bind the principal.
  • For example power to dispose of property does not confer a power to mortgage the property.
  • Power to manage immoveable property cannot permit principal’s ornaments which are a moveable proper

IMPORTANT RULES FOR CONSTRUCTION OF POWER OF ATTORNEY

  • The operative part of the deed is controlled by the recitals
  • Where authority is given to do a particular act, followed by general words, the general words are restricted to do what is necessary for the proper performance of the particular acts.
  • General words do not confer general powers, but are limited to the purpose for which the authority is given, and are construed as enlarging the special powers only when necessary for that purpose
  • The deed must be construed so as to include all powers necessary for its execution

REVOCATION OF POWER OF ATTORNEY Power of Attorney can be revoked or would stand revoked if:

  • Revoked by the principal himself
  • The principal dies or becomes insane or becomes bankrupt
  • The business for which the agent was appointed is over
  • Mutually agreed upon by the principal and agent
  • The right under the power of attorney is renounced by the agent

REGISTRATION OF POWER-OF-ATTORNEY

  • Registration of power of attorney is not compulsory. it is optional
  • In India, where the Registration Act, 1908, is in force, the Power of Attorney should be authenticated by a Sub Registrar only, (Whenever a person signs the document and his attorney presents/ admits execution).
  • In other areas, attestation should be by a Notary or diplomatic agents
  • In case an attorney under a valid Power of Attorney himself signs a document, he may, as an executing (signing) party present/admit execution of a document though it is attested by a Notary, unless the text of the power specifically excludes such powers
  • Foreign Power of Attorney should be got stamped by the Collector after its receipt in India within prescribed time of 3 months
  • Registration of power of attorney authenticates the deed of power of attorney
  • Power of Attorney shall be attested by two or more adult independent witnesses who are of sound mind
  • If a power of attorney is in respect of an immovable property of value more than Rs100 it must be registered.

Usual conditions for giving power of attorney are; if you are an NRI having real estate property in India. You give the power of attorney to any of your family member or trustworthy person to rent or sale of your property. Also for e.g. If you have a flat in Pune and you are working in Bangalore or any other city as the case may be, if you want to rent out your property in Pune in your absence you give the power of attorney to your family member or trustworthy person thereby giving the nominated person to take care of legalities related to your property in your absence as mentioned power of attorney is the authority to act on his or her behalf as his legal representative.Power of attorney for real estate:

  • To execute all contracts, deeds, bonds, mortgages, notes, checks, drafts, money orders.
  • To manage, compromise, settle, and adjust all matters pertaining to real estate.
  • To lease, collect rents, grant, bargain, sell, or borrow and mortgage.

займ на карту без отказов круглосуточновзять кредит онлайн

94 Comments

  1. 4 of us: Myself, my mom, my aunt (Uncle’s wife of paternal side) and my elder sister haave entered into a sale of property agreement with a purchaser for selling our ancestral property (where we reside) in lieu of an advance money of 3 Lakhs thereby giving him a power of attorney (registered) to undertake few processes like mutation, dealings with tenants, etc. on behalf of us till the time (within 4 months of signing agreement with him) we receive the balance money from him and handover possession to the said person. Now due to some family disputes we wish to turn around and cancel the whole agreement process thereby wishing to retain our property. It is almost three months have passed from the date of agreement but the purchaser is not willing and pressurising us and asking for a huge money to wind up the process.Is it possible that we go for revoking the POA? Can the agreement be cancelled? What exactly is the process for winding up the story? What are the legal consequences of such wind up? What if the purchaser doesn’t want to take/accept the refund of advance amount which he’s paid us? Can we get relief from him at this situation? Please guide.
    Regards,

    Simon

  2. Hi,

    this is the story in 2003/2004,my uncle had sold our land at very low rate. but due to certain reasons till today our land is still on our name only.so i just want know that after how many years, the agreement can cancel if it is not executed,

    • @ Yogesh

      Sir,

      1) Firstly whether the document is registered ? (you have mentioned that it is not executed- what does that mean?Execution and Registration are totally different issues.
      2) We can challenge the Sale deed within the period of three years from the date of knowledge.
      3) Sale deed can be challenged, we have find out the grounds for that.
      4) whether the land was ancestral property? ( this is imp issue)
      5) who is in possession of the land?

      Regards
      Adv. Mrs. Mrudula Prasad Chitale
      BA,LLB, LLM
      http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/

  3. Dear Sir,

    I have made an agreement to purchase a complex in India. Made the agreement and registered in registration office also.

    By mutually both parties agreeing, I want to cancel the agreement. As I am working out of India I want to give my brother a POA to cancel the agreement.

    Kindly explain the procedures to be followed.

    Regards
    Sadakka

    • @ Sadakka

      Dear Sir/ Madam,
      Cancellation of the agreement totally depends upon the terms mentioned in the agreement. So to give you the proper advise I need to see the agreement. Normally the cancellation is made after giving notice to the other party stating therein the reason and if the other party agrees then we have to execute and register the Deed Of Cancellation also because then only the builder is empowered to entered into the agreement with another person in respect of the same complex.The notice of cancellation is imp here as sometimes in the agreement “Forfeiture of the amount in case of agreement ” is put.But the same is not valid.

      Secondly POA in the name of your brother, you have to sign it before the Notary in the state where you are living and send it here in pune( if the brither is in Pune) and then we have to get the same adjudicated from the authority appointed for the said purpose.To complete the procedure you need not be in Pune and your brothers presence is also not necessary in the office. But then he has to give the Authority to the advocate .The POA is also required to be registered.

      Regards
      Adv. Mrs. Mrudula Prasad Chitale
      BA,LLB, LLM
      http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/

  4. I am one of the legal heirs ( out of six) to my fathers residential landed property in Chennai. My father died in 2005 without making a will. Hence the property is undivided. Can we sell this property jointly as legal heirs on Power of attorney basis to one buyer. what are the likely complications / risks that can arise. Why would the buyer want to buy this property on power of attorney basis when we are all ready to sell it out right by means of sale deed.

  5. Dear Sir,

    If i want to buy a house on power of attorney In Bangalore, Can i do that legally? What are the risk involved to purchase a house on Power of Attorney.

    As far as i have information that purchasing a flat on power of attorney does not come under law. Does this means this is illegal?

    Thanks in advance of reply.

    ~Ajeet S Sachan

  6. Dear Sir,
    I am buying a piece of land in Bangalore and the owner is an elderly person residing in Kerala. This elderly person owns that land in Bangalore and he has given a power of attorney (which is not registered) to sell this piece of land to a broker in Bangalore six months ago.
    Now I have agreed a price with the broker to buy that land and we are in the process for registration.
    Since the POA was not registered on the broker’s name, the sales deed is going to be between me and the seller who is in Kerala. Since he is an elderly person and he is not able to travel to Bangalore for registration, the seller is preparing another POA on her daughter’s name which will be registered in Kerala in a sub-registrars office, so that the owner’s daughter can travel to Bangalore and sign the sale deed in a sub-registrars office in Bangalore for me.
    I have been asked to make demand drafts for the agreed amount split between the seller and the broker.
    I am bit concerned about the POA registration in Kerala in my absence!
    Also I am concerned about the POA on the brokers name; the seller would have created 2 POAs, one on the Brokers name which was created 6 months ago and the other is on his daughter’s name which will be registered in Kerala.

    What are the checks I need to do as a buyer to safe guard my interests?

    Is the process okay or do I need to change this in a way which is safer to me.

    Regards

    Subramaniam S

  7. Sir,

    My father owns a small construction firm based in Delhi and having contracts in Sikkim. Two persons have been given POA for a particular project site. Until now it has never been a problem but now the concerned government department (BRO) insists to withdraw one of the POA, claiming that legally it is possible to grant only one POA on any project. They are ready to backtrack their decisions if we can give them the reference to any law or guidelines stating that it is allowed to grant more than one POAs. Could you please provide any reference in this regard. Any help of yours in this regard will be greatly appreciated.

    Regards
    Varun

  8. My parents are planning to buy a plot in jaipur. They are planning to take POA from the person who is selling and then do the registry (as it is not yet done for this plot). Kindly point the potential risks during the process and also i want to know if that person will still posses powers after signing the POA.

    Regards,
    Snigdha

  9. Hello Mrudula,

    Yes the owner is giving the POA and the land has no registry till date ..so my parents are planning to take the POA from the owner and then getting it registered on their name.

    Regards,
    Snigdha

  10. Hello Team of BharatEstates,

    my father is Indian and is living since 30 years in Europe. He is owner of real estate in India. Due to a quarrel with the neighbours he has given a power of attorney to his brother. He did not know, that this power of attorney givs him a general power of attorney and that he can give the real estates as a present. His brother gave away anything to his wife and now they are the owners of everything. What can we do? Can we change back the present? It was a breach of trust. In Europe there does not exist general power of attorneys. Thanks for your support.

  11. Dear Team Bharat Estates

    My healthy father age 62 owns one of the plot alloted by DDA since 1993. We are five sons to him. The eldest son & youngest son looked after him while the three other sons involved in domestic troubles & troubling him for money. He planned to give this plot to two of his eldest & youngest son in future. The two sons with fathers consent have constructed the plot in 2011 now to one floor with their hard earned money. How can the father safeguard the two sons to give them this property against the future claim of share raised by the three other brothers . My Father is confused in the choices whether to
    1. Execute a joint power of attorney(poa) in the name of two brothers
    2. Execute a Will – May be challenged
    3. Execute a sales deed ( gift) in the name of two brothers – costly stamp duty need to be paid
    4 Execute a lease/rent agreement with the two brothers
    He is going to give the other three brothers share from his other properties except from this plot.
    Plz suggest the solution for him.
    Warm regards
    Veer Kumar (Youngest Son)

    • @ Veer

      Sir,

      What do you mean by DDA ? Making a gift Deed will be more proper. 2% stamp duty on plot value will be attracted.And in the Will he can mention this that the constructed floors are owned by the two sons. Proper documentation needs to be done carefully considering the chances of others raising objections in future.

      Regards
      Adv. Mrs. Mrudula Prasad Chitale
      BA,LLB, LLM
      http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/

    • @ Veer

      Sir,

      In your case your father can execute Gift Deed in their Life Time by paying Proper Stamp Duty, and he can also execute a Will, willing to give the Property as per his wish.

      Regards
      Adv. Mr. Pankaj Wankhade
      B.A. LLB, GDC & A

  12. 20 years ago my father gave POA to 2 different people(my uncles). In 2000 my father revoked 1 uncle’s POA thru lawyer in it he also used the language “any other person who has my POA will also be revoked”. My father mailed the doc’s to all local registar offices. However he failed to put in Newspaper Public notice. In 2002 my other uncle used father’s POA and sold some land and removed my father name from other land which they are trying to sell currently. After finding, my father revoked 2nd uncle POA to prevent further fraud. They haven’t sold the land yet and what r the chances for my father to claim his part. Do you have to submit in Public Notice? Did all POA got revoked in 2002? Does revoked POA as any timeline validity or does it gets cancel immediately?

  13. Attractive part of content. I simply stumbled upon your site and in accession capital to say that I get actually enjoyed account your blog posts. Any way I will be subscribing to your augment and even I achievement you access persistently fast.

  14. My known is residing in USA having joint house in India ( with his brother and two aunties ) All the four owner of the house want to sell it. His brother is also in USA and has given Power of Attorney to his wife’s name. Can the other one give Power of Attorney to his Brother in law (wife’s brother) for disposal (sale) of the said house.Please advice immediately.Thanks

  15. I am an NZ citizen (formerly Indian). I want to sell my property in Mumbai, India and have given POA to my sister to execute sale. The POA has been duly notarised by a notary public here in NZ. However, The buyer insists that if the POA is not attested by the Indian Embassy, then he cannot register the flat.
    is this true? My lawyer’s does not seem to think so. Besides I am getting mixed opinions. can you pls provided some advise.

  16. So are you saying that notarisation by notary public is not allowed? what does adjudication involve? is it compulsory?

  17. Hi Thanks for this article. Its pretty handy to go through this information.

    It would be really helpful if you can please guide me for the below matter.
    1) I am a domicile of Mumbai and wish to buy a property in Pune.

    2) Due to official purpose I will not be physically present for the deal, hence would like to give a GENERAL Power Of Attorney in the name of my dad.

    Now my question is whether getting the Power of Attorney notarised in Mumbai will allow my dad to proceed with purchase of property in Pune ?

    Secondly, Do I need to register the Power Of Attorney. If yes , then is getting it registered in Mumbai sufficient ?

    Please note I will be using Rs.500/- Stamp paper for preparing this POA.

    Thanks for your time.

  18. Sir,

    i gave some money to my relative (A). they could not return back the money to me. A’s wife own house. they are planning to give ‘Power of Attorney’ to me.

    1. after they give POA to me, is there any chance they cancel the POA without my considerations?
    2. in this case, which type of POA is preferred? (General or specific)
    3. in case is there any chance to break the POA, can i register the house immediately after they give POA to me, without their considerations?

    • @ Ram

      Sir,

      No, It is wrong totally, because in any kind of power of Attorney, you are the only attorney, and you independently can not excise your rights without their knowledge, or you are not advice to register any document without depositing their consideration amount, in all cases you must have to deposit the consideration amount in the account of Executant, unless that document is treated as falls, and they have every right to cancel the power of attorney at any stage, taking into consideration all d fact you are advice to wait and watch the tranaction, and then collect your amount from them.

      Regards
      Adv. Mr. Pankaj Wankhade
      B.A. LLB, GDC & A
      http://www.bharatestates.com/blog/pankaj-m-wankhade-legal-content-contributor

  19. i have two questions and need your guidance on the same.

    1. My parents bought a lease hold property in south delhi about 15 years ago. the sale deed is in my mothers name and GPA is in my father’s name. Now, my father is not keeping too well & both of them wish to transfer the rights of this lease hold property on to me. Please guide the right procedure.?

    2. I purchased a piece of agriculture land, about 1160 sqre yards, in delhi through an agreement sell, which is not registered. My father, who is not keeping too well, holds the GPA of the said plot. what should i do safeguard my interest & title.

    thank you.

    • @ Sanjay

      Sir,

      1st Query Answer:- First you should verify that your rights are leasehold rights or purchased rights. Not being ancestral property you can acquire rights in the property by way of Gift from your Mother and make your Father the consenting party.

      2nd Query Answer:- Unregistered document is only admissible in case of specific performance, it is not title document. As soon as possible, have register sale deed in your favour and use GPA for the same if it is properly registered.

      Regards
      Adv. Mr. Abhijit Deshmukh
      http://www.bharatestates.com/blog/abhjit-deshmukh-advocates-legal-content-contributor/

  20. Dear Members
    I wanted to sell my flat in Mumbai. I approached my sister and got a Power Of Attorney registered in Gujarat. This POA specifically mentioned that the POA is granted to me for selling the flat to the specific buyers(the buyers names were mentioned specifically in the POA). Now I am unable to reach any form of agreement with them related to sale of my property. The buyers have also kept the original POA with them. On the original POA that was registered in Gujerat neither my name or my signature was taken at the time of registration. Some people tell me even then the POA is valid. I have taken no token, no agreement is signed. I am emailing the prospective buyer to sign on the MOU since two days but am receiving no response. Secondly the buyers wife twlls me that now after the POA I am in a binding contract with them an I have to sell the house only to them now.. I have not even got an NOC in their name. Please tell me what I should do? Will a renouncing of my POA suffice. My sister would not mind helping me with it. Have I actually got into a binding contract with them.Please help.

  21. Dear sir,
    I wish to purchase a house in ludhiana. The owner of the house died in 2008. After his death, the house is transferred in the name of his wife and four childrens in 2008.

    They jointly (wife plus 4 children) given power of attroney to third person. We are buying from that person who will be getting the house registered in our name though POA. the original registry of the house is also with the person which will be given to us at the time of registry.

    He has no other agreement other than power of attorney (like agreement to sale) and no other paper supporting that he had paid the original owner any money or not. Should it our consideration to varify or not.

    The pwoer of attroney is registered and not revoked so far.
    Please suggest that if we purchase than would it be a clean deal or not. What precuations should we take

    regards
    Harish Anand

  22. Dear Sirs
    I purchased a flat in Mumbai in 2002 and had given a general POA which clearly states that the person is acting for me in every act.
    Today the POA holder claims to be a joint owner.This is because they have signed the final sale agreement on my behalf 8 month after with final payment.The POA is also attached to the Agreement deed along with the builders agents POA. Also they have included there name on the share cerificate.
    I have all the papers but am very concerned as to what more they have done in the past and what actions should I take. Can I report them for Fraud? Please advise
    Ashok Vadher

  23. Hello,

    I am planning to purchase an apartment in Bangalore, I have already paid 20% of the amount to the Builder. When i approached the bank for loan, I got to know that I am not eligible for remaining 80% of the amount. Bank person has advised me to go for joint loan (myself & my wife) as she is also working and both of us can get income tax benefit.
    Now the issue is, my wife will be leaving shortly (within a week) to abroad on long term assignment. What should i do now ? Will the Power of attorney concept work for me ? if yes, where should i get it registered ?

    I wanted to register the property on both myself & my wife’s name. please advice asap.

    Thanks in advance.

    Regards,
    Vijay

  24. I am planning to bye one flat owned by a person who is member of a Co-op housing society in Kharghar Navi Mumbai. Society plot was originally a 12.5% plot which was duly transferred to society for means of construction in 2005-06. Construction completed 2-3 years ago. The seller is a member of the society and now want to sale the flat owned by him. Documents available are OK as advised by my known lawyer. For eg. Title report of advocate, Tri-party agreement between Cidco-Plot owner-Society duly registered, CC, Final OC issued by CIDCO in Feb 2011. Estate agent and my lawyer are saying the title is correct.

    The owner is not here in Navi Mumbai. He is presently in Punjab and his son has POA (I think it is special POA) dated June 2008 stating about dealing for sale, registration, trasfer and many more points. My lawyer said to me that the POA is old. My dought is

    1. As per my reading the POA will stand cancel only in case of Death of Owner or Property is already sold out. Its almost 3 year old and can it be OK for his son to act as per POA now.

    2. When I asked about this to the Agent, Agent contacted owner’s son. He replied, he is ready to give fresh Registered POA. Is it OK?

    3. As Title is clear and if our Sale/ Registration / transfer is done then will there be any problem in future for me as legal owner of the said flat. To avoid any legal problem what precautions should I take?

    Kindly guide me,

    Thanking you in advance.

  25. Can you please tell me how much GPA fees are . The city is Bangalore , not sure if the lawyer is taking me for a ride.

  26. Dear Sir,

    My uncle (my father’s youngest brother) had given POA to my youngest brother in 2006 for the sale of his land. We are 3 siblings. I, being the eldest.

    My questions are:

    (1.) From a close source, I came to know that my youngest brother and my elder sister are selling the land in india, for which my uncle had given POA to my youngest brother in 2006. Can I as an eldest brother stop such a transaction?

    (2.) Me and my uncle are abroad and i lost touch with him from 2006 and i tried calling him but he seemed to have changed his home phone no. I also tried calling my youngest brother and sister to give back the documents which i had created for him when he lost his land’s master documents and they are avoiding me. I feel that my uncle is getting cheated by them as it involves a huge transaction. He may not get the actual amount for such a transaction. I understand from my brother and sister that my uncle is not in touch with them for the past 1 1/2 years. Is it possible for me to take legal action against them?

    (3.) Is it possible to lodge a complaint against my brother and sister due to their desire for my Uncle’s wealth or should I forgo it as I do not want to claim stake?

    Looking forward to a reply from the legal advisers soon.

    Thanks & Regards,
    KK.

    • (A) From a close source, I came to know that my youngest brother and my elder sister are selling the land in india, for which my uncle had given POA to my youngest brother in 2006. Can I as an eldest brother stop such a transaction?

      Ans- If uncle has given POA to your brother to sell the land, then you cannot stop as owner has absolute authority to given such POA. But if the land is your joint family property but standing in the name of uncle then you can stop. But your uncle can very well revoke the POA if the same is being mis-used.

      (B) Me and my uncle are abroad and i lost touch with him from 2006 and i tried calling him but he seemed to have changed his home phone no. I also tried calling my youngest brother and sister to give back the documents which i had created for him when he lost his land’s master documents and they are avoiding me. I feel that my uncle is getting cheated by them as it involves a huge transaction. He may not get the actual amount for such a transaction. I understand from my brother and sister that my uncle is not in touch with them for the past 1 1/2 years. Is it possible for me to take legal action against them?

      Ans- If you have no interest in the property, the you cannot. Only your uncle can do that.

      (C) Is it possible to lodge a complaint against my brother and sister due to their desire for my Uncle’s wealth or should I forgo it as I do not want to claim stake?
      Ans- Only Owner or who has any right in the property can do that.

      Regards
      Adv. Mrs. Mrudula Prasad Chitale
      BA,LLB, LLM
      http://www.bharatestates.com/blog/mrudula-p-chitale-legal-content-contributor

  27. i have GPA from my son and daughter duly notarised in delhi as we are permanent residents of delhi. i was giving their flat in Mumbai on Leave and license but now i am told that law has been changed and registration can be done if only it is registered. Since both are now in USA how to resolve this problem
    Can i get a SPA both for sale and rent-license agreeemnt for Mumbai flat duly attested from Indian Embassy there. will it need to be stamped in mumbai or delhi and registered again where.

  28. NRI son sending notarised POA to his father who is residing in Bangalore for buying property on his behalf. Should that POA be registered anywhere in India for buying property in Bangalore or only at the place where cause of action is taking place?

  29. I have received POA from my son who is in USA duly signed by NOTORY in USA. I am living in Mumbai and I mentioned Mumbai residence address. I hve address proof and all documents necessary for adjudication. If I register POA in Mumbai is it valid for registering the property in Bangalore. Or sould I adjudicate in Bangalore Sub-registrar office. Can you give your clarification.Even people in the real estate buisiness is unable to give correct clarification.

  30. I am currently residing in USA, I am planning to purchase a flat in india and i have issued general as well an special (in Bank format from where i am taking home loan) POA in the name of my father. I have created the POA on stamp papers from India and got it notarized by a public notary in a bank here in USA, now when my father received the copy from me, he went to notary to get it notarized again in india with his signature on it but the notaries are saying that it can not be notarized until 1) its attested by Indian Embassy of USA 2) or the granter (me) being present in india 3) or Collector or Registrar Authentifies it. can you please help me to understand the process as i am little confused. how can i get it completed in india without traveling there.

  31. My father, owner of a freehold residential property in Delhi died intestate in 2000 leaving behind his widow and two sons. The eldest son mutated the property in the name of our mother by giving NOC, but did not mention address of his younger brother (that is me) to MCD. I live in another far away city the address was known to both, mother and brother.. I was thereby excluded from the mutated residential property and I did not receive any notice from MCD of the property being mutated. For all I know mother may now be the registered legal owner of the property having already transferred telephone and water connection in her name. Family settlement was refused by my brother and mother. Can I and how can I include my name in the residential property so mutated over 10 years back? Secondly, how can I have the ownership of my share in the said residential property? Thank you.

  32. I am offered a property for sale in Gujarat belonging to an absconder from India to USA (Red Notice Interpol for Fraud) who has sent POA in name of his sister-in-law.
    Would it be legal to purchase this property from this absconder through his POA?

  33. Hi,

    I have a newly constructed flat in Pune that I want to rent out. I am staying out of India as of now and come to India once in a year. I want to give power of attorney to my brother so that he can rent out the property and sign the rent agreement on my behalf. Will that be enough?
    Is there a fixed format for the power of attorney for every state? What is the procedure to make a power of attorney?

  34. Dear Sir/Madame,

    My father,uncle and 3 sisters have our ancestral property in pune. They gave a POA to a person who claimed he could get the land sold or cleared as the land was in ceiling.1 of the sister died 4 years back.It has been 7 years and he is not at all in contact and avoids keeping in touch.We went to the talati office and got to know that the piece of land which he got POA for is in the youngest sisters name.How can this problem be solved as we have tried and failed to talk to him. Can we report him to be a fraud and cancel the POA? And would we have any right in the same property as the name has been changed since a year and half.
    Your advise would be of utmost help.
    Regards,
    VKY.

  35. Is it okay to give POA to friend or the broker only for leasing purpose and clearly mention cannot sale the property.

    With only copy of POA as above i.e without original documents can power holder sale the flat.

    Please advise

  36. The Supreme Court has declared GPA as invalid for immovable property transactions. Is there a specific power of attorney that is required to be brought out for sale/purchase of property?
    If so, could you specify details for the same?
    Thanks

  38. I want to appoint a power of attorney to execute a property sale. I have three children do I need to get their consent or any other legal procedure

  39. I aklong with my unmarried sister intend to purchase a 1BHK flat in Kolkata, West Bengal from a couple who are residents of Shillong, Meghalaya through SBI home loan. As the vendor do not stay in WB and are septagenerian and could not come down to kolkata, they have given POA to their brother-in-law and registered in the court of shillong. the property was registered in the name of the couple in the ARA Kolkata and we stay in Kolkata. the POA holder has received the cheque in the name of the couple and signed the agreement for sale. we have submitted the completted application to SBI, RACPC, Kolkata. Now the bank is telling that there is a Supreme Court judgement which prohibits the execution of deed of conveyance by the POA holder. They are referring the case of Suraj Lamp & Industries (P) … vs State Of Haryana & Anr. on 11 October, 2011. After going through the judgment I find that there is no prohibition of selling the property by the registered PAO. I have intimated the fact also, but they are not listening to my pray. Again they are also telling that the POA is also to be registered in West Bengal only, The POA registered in other state is not a valid POA for selling of any property.
    Now I do request you to please examine the case and please appraise me, with your wisdom, of the fact with references so that I can take up the matter with the bank.
    with regards,
    Subrata Basu

  40. I am planning to give the POA to my husband. Currently we both are in Pune only, so before I go out I want to finish this process of POA. Can someone please guide me on the documents, cost and days required for this process?

  41. Dear Sir/Madam, I am secretary in our society,few days back One member-joint owner both are in USA and given Special POA to his family member i.e Son giving POA to father & his wife giving POA to her brother independently now one POA member approached to us for issuance of NOC to bankers for loan after completions of registering formalities and sold his flat another person. i am completely confused now please advice what is procedure or law and how to give NOC independently POA holder

  42. Dear Sir,
    I am planning to buy a flat at FARIDABAD, the current owner has purchased it through getting SPA from the previous owner who also had purchased it on GPA from the previous owner who had the property registered in his name. Now in current chain I would be the third buyer of the property, however I am asking for the purchase through Registration and not on SPA for which the seller is ready to enter in sales deed. My concern is that since the seller himself has purchased the property and has SPA for the property that too from the first buyer who also had GPA in his name. in this situation is the seller has right to enter in a registeration of sales deed?

  43. Hello-

    I am an NRI staying outside India for 3 years.
    I am planning to buy a plot in Hyderabad,Ap. The deal is finalized, I am little confused with the registration process. The seller says, because the buyer is not present at the time of registration, my dad can act as a representative and sign the registration docs on my behalf, without requiring any power of attorney ( and poa is required only when selling the plot). Will that hold good ?

    Appreciate you help!
    Thanks
    Sree

  44. Hello,

    can a General caste person take POA from a Schedule tribe(ST) in order to sell his land to another Schedule tribe(ST)?

    Can that POA in General cast name be used to do the registry (transfer of ownership) in another ST name?

    land is in rajasthan, India.
    thanks.

  45. I want to buy independent builder floor in gurgaon. They are saying it can not get registered so available only thru GPA. Its 100 yard floors.

    Which things i hve to take care of. Can i get it regstred later?

  46. Dear Sir,
    I want to buy a flat (Builder Floor)in delhi. and the current owner is having Registered POA. Because he also buy it from the main Builder.

    Now the Current owner is ready to give registered POA to me. So what document I should ask from him. And Can I re sale this flat in Future.

  47. My friend has bought one plot in UP. The plot was sold by an agent,who was having a GPA in his name given by the principal(owner). Now,the government’s records (online)showing plot in the name of my friend, but,my friend came to know that,the principal had revoked the POA before the transection by the agent. Agent says,he did not get any notice from principal as he has revoked the POA. Is the purchase valid?

  48. i am residing in delhi and have a house in mysore . i want to grant a GPA to a builder for joint development. can i execute the POA in delhi. is it valid for mysore?

  49. my father and my uncle are purchase a comnbine house in year 2000. Suddenly in 2011 my father has dead. so i have no papers of property but i know it’s a combine property plz give me suggestion.????????

  50. Dear Sir,

    We have a property in Rajasthan and we want a mortgage loan on the same. Its a Joint property in name of Myself, My brother and my mom. Problem is that my brother stays out of india and he wants to give POA to his wife so that she can sign the documents on behalf of my brother for mortgage loan purpose.
    I want to ask is it possible if i get a stamp in his name here in india and send to him via post so that he can sign the POA and send to me back in india and we can apply for a mortgage loan.Also kindly let me know do we have to register the POA before applying for loan or just notary is enough ?

  51. hi,
    I have a residential property for sale in Bangalore. I live in USA and plan to execute the sale thru GPA. The property is jointly registered in my wife and my name. We are appointing my brother wife’s as attorney.
    My question: Does the GPA need to be in blood relation? If yes then can we have GPA appointing 2 attorneys – my brother and my wife’s brother? What would be impact to the stamp duty in case we have GPA appointing my brother or my wife’s brother only; versus GPA appointing both my brother and my wife’s brother?
    Thanks

  52. My father and I are joint owners of a flat in Bangalore. We live in Gujarat and we have decided to sell the flat, but my father cannot travel to Bangalore. He wants to grant me the POA to sign the sale deed on his behalf also. Can we make the POA on a Rs. 500 Stamp paper and get it notarised in Gujarat? Or do we have to register the POA in Gujarat? Thanks.

  53. Hello,
    I am living at the house from 25 yrs which is on the name of my uncle and my uncle lives in the house which is on the name of my father. My uncle and we made a register will to each other and we gave all the power to each other. So I make my house on my mother’s name which was on my uncle’s name using register power of attorney and I also get entry of my mother at city survey office. But now my uncle cancel that POA and said that they will sue me in court. They fight with us and send the notice to us that they cancel the POA. So, after finishing entry process to city survey office is it possible by my uncle to sue us???? He is absolutely healthy and i have also proof that the POA has given by him.

  54. I m selling my property to the builder and payment time decided for 2 years as EMI base but builder need power of attorney on whole land because he want to start constraction on it.Is it safe? I m ready to give POA for constraction only, not for sale or mortgage…which is safe to go with genral POA or Spacial POA and wht kind of point i can add in POA so builder can’t fraud with me

  56. I purchase a flat from PoA. Owner was in USA. I and POA agree on saledeed not govt
    registered.i Want to sell a flat. purchaser ask me your flat govt registered pls reply

  57. Dear sir, My son who is an NRI has sent a gpa after getting attested by govt of india embassy on dec 2012. now the bank which is giving loan has asked me to get adjudication thro sub registrar bangalore and submit to bank .is there any rule that it should be adjudicated within 3 months .getting gpa from NRI’s is big process and if time period is insited then it is hardship for the gpa holder and time delay for further process please clarify any rule by govt which insists the conditions . santhanam

  58. There is a property in my mothers name in mumbai, MH. I am his single born child and live in delhi with my mother. Due to time constraints I am unable to go Mumbai with my mother to get a Power of Attorney to manage the legal aspects of property (the said property is a flat located in a housing society and the building is under construction). Can I get the PoA of a property based in Mumbai done in Delhi? Is it possible?
    Please advise ASAP.

  59. Can an attorney take possession and do the act of registration for a new Flat if purchased in Faridabad(India) on behalf of his son who may be out out of India for couple of years?

  60. Sir,My father cancelled registered Power of Attorney by registering the revocation in the same office as registered.Unfortunately,he did not give legal notice to his brother(Agent of POA.They still sale the property claiming that the Power of Attorney is still valid as we did not receive any notice.Does it mean that registration of Revocation in the reggistrar office has no value of it own.

    This revocation was registered in 1981,was it mandatory that time to serve the notice to the agent or registeration itself was sufficient.

    Kindly advice as we plan legal action based on your info.

    Thanks and Regards,

    Chandan

  62. Dear sir/ maam,

    I sold a property , agricultural farmland ,in 1988. now 26 years later the buyer is asking me to give him fresh POWER OF ATTORNEY .

    Kindly guide if this would be financially prudent.I fall in the 30 % tax bracket and the current price of the property in question have zoomed 90 times from my selling price and 562 times my purchase price.

    Kindly let me know of both Financial and Legal implications arising out of me giving the buyer Power of Attorney now, i am in my 60,s now and cannot see myself doing rounds of both Incomes Tax Office and Courts for any resulting income tax demands or litigations .

    Please note no money is changing hand now.

    Regards

Leave a Reply

Your email address will not be published. Required fields are marked *