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Meena   21 June 2017

Nri selling property

My husband and I own a property in Andhra Pradesh and plan to sell it. We are US citizens and would like to have my Father-in-law execute the sale on our behalf.  What is the best way to do that? Is a GPOA better or a POA specific to the sale better? Should the POA be jointly given or each of us should do it separately? Should the POA be on a stamp paper or can it be on white paper and attested by the Indian Consulate in the US? How much would it cost to register the POA?



Learning

 11 Replies


(Guest)
Special Power of Attorney is best and both of u can make a joint GPA.it is suggested to Be on Stamp paper and duly registered.... Bala chander Reddy Advocate Hyd# 9959850723

Kumar Doab (FIN)     21 June 2017

It should be attested at Indian Consulate/Embassy and registered  in India.

Kumar Doab (FIN)     21 June 2017

It should be attested at Indian Consulate/Embassy and registered  in India.

Arjun Kohli   21 June 2017

Hi

The main difference between GPA and SPA is that GPA creates an Agency in the recipient (your father-in-law) for all transactions on behalf of the principal (you and your husband), while the SPA creates a restricted Agency (authority) with respect to only the specified acts. Hence, this is more or less a question of trust and can be better decided by you only.

The POA has to be issued by the actual owner of the property. If you both jointly own it, you can both jointly issue a single POA. Two attesting witnesses would be required for the same, though. It can be issued on a white paper from your end. After receiving the GPA in Andhra Pradesh, your father-in-law shall take the GPA to the concerned District Registrar, and get it stamped under Section 18 of Indian Stamp Act, 1899 with Rs.1000/-, as is the case if it is given to a family member.

You will also have to fill the form u/s 32A of the Registrations Act for fulfilling the purpose.

The Registration Cost is 0.5% of the concerned property with a bracket of Rs. 1000 to Rs. 20,000 as the minimum and maximum value.

The Stamp Duty of Rs. 1000/- is mentioned above already.

Regards

Meena   21 June 2017

Thanks for all the replies.

Meena   21 June 2017

Thanks for all the replies.

Meena   22 June 2017

Arjun Kohli ji, thank you for the detailed reply. This link

https://registration.ap.gov.in/CitizenServices/FAQS/Registration_FAQ.pdf

says

*

Q34.Who can execute a power of attorney?
Ans:-A person who has attained the age of majority may execute power of attorney in favour of another person who has attained majority including family members like wife, husband, son, daughter, brother, sister, father and mother to act on his behalf. If a power of attorney is executed to sell/develop/transfer in any manner whatsoever, of
the immovable property in favour other than those mentioned above, 1 percent stamp duty shall be paid on market value of such property. In case of family members, the required stamp duty is Rs.1000/-

*

From the above, it looks like my FIL would be considered a family member for my husband but not for me. Is it so?

For the Registration cost, would the maximum value of Rs. 20,000 apply to non-family members also?

 

Ms.Usha Kapoor (CEO)     22 June 2017

SPA IS BEST.  jOINTLY YOU SHOULD MAKE him SPA  which SHOULD BE STAMPED AND  REGISTERED. It should be  attested AT iNDIAN cONSULAR  OFFICE/eMBASSY in US. AND Rs.1000 IS PAYABLE towards stamp duty. Cost of Registration is 1% of property. It ranges between Rs.1000 to Rs.20,000.

Arjun Kohli   22 June 2017

I believe that under the system of Indian Law, Father-in-law will come under the reasonable extension of family after marriage for even you. Also, since the property is jointly owned by you and your husband only, I don't see any reason why the same shouldn't be allowed.

The Registration Fee is 0.5% of the concerned property for a non-family member as well, with the same minimum and maxiumum values, the only difference being in the Stamp Duty, which is 1%.

Kumar Doab (FIN)     22 June 2017

You are welcome.

Kumar Doab (FIN)     22 June 2017

You can inquire and confirm from the authorities that have list of relatives/relations. The contact details should be on website.


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