Mandeep S. Virdi (Sr. Executive Legal) 14 April 2014

Execution of sale deed - ind & dxb

14.04.2014

My Friend (who is in Dubai) wants to purchase a Property which is being jointly held by Father and the Son in India (Mumbai). The Son (one of the Jt. Holder) is in Dubai and he cannot come to India. The query is that how do the Joint Holders in Property (both Father and Son) sell the property to my Friend.

According to me the Sale Deed can be executed by the Virtue of POA being issued by the Son (who is in Dubai), to his Father, authorising him to execute the Sale Deed for an on his behalf in India.

The question is how would such Sale Deed be Registered in India. According to Indian Law, the physical presence of the Parties is required at the time of Registration. So the Father (who is in India) and my Friend can remain present phyically before the Registrar, however the Son (who is in Dubai and one of the Jt. Holder in property), would not be able to come before the Registrar for Registration in India. Is there any option available in such case.

Can the POA be issued by Son (Jt. holder who is in Dubai) to one of friend who in

If you have any suggestions, request you to please share with me.

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5 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 14 April 2014

your friend may execute a POA (in favour of his father to act on his behalf) and the POA be executed in Dubai and get it attested by ambassodor/counsel for India. after receipt in India, it may get be validated at Registrar Office at where the property is situated.

any querry 9490929460

T. Kalaiselvan, Advocate (Advocate) 15 April 2014

As properly suggested by an expert above, a POA executed by the son in favor of his father duly notarized by a notary in Dubai and attested by the Indian Embassy/High Commissioner at Dubai, validated by the Registrar in India where the property situate, the property can be sold by the father on behalf of himself and as well as on behalf of his son on the basis of POA deed executed in his favor. This will be the simple procedure to be followed in such cases.

Mandeep S. Virdi (Sr. Executive Legal) 15 April 2014

Many Thanks, Kavksatyanarayana and Kalaiselvan for the prompt reply. The suggestions provided did help me to a great extend.

Wanted to understand if the POA would be acceptable by the Registrar when the Parties would go for Registration of the Sale Deed. According to some recent notification by Supreme Court, POA are not to be entertained by the Registrar at the time of Registring the Sale Deed.

Further, could think of the following options, please guide / suggest if the same can be worked out :

Option 1:

Let the Son in Dubai sign and provide a "Deed of Assignment" to his Father in India, Assigning him rights to carry out the execution of the Sale of Property for and on his behalf and that he is authorising his Father to sell for and on his behalf. Deed of Assignment being endorsed by the Embassy / Consulate in Dubai.

Option 2:

Let the POA be issued by Son to Father (being endorsed by the Embassy / Consulate in Dubai), be sent to India. Based on which the Father can sell the Property. Thereafter, let there be Deed of Confirmation signed by the Son, confirming the transaction done by his Father.

Do let me know on the aforesaid please.

Rgs,

Mandeep - 9920057348

T. Kalaiselvan, Advocate (Advocate) 15 April 2014

Both the options are okay, you can choose one between them. Further the POA duly countersigned by the Notary of that country and attested by the Indian consulate of that country should be sent in a sealed envelope addressed to the concerned registrar in India, to be carried by the Power Agent, thereafter the agent by duly authenticating himself through witness and other identification, can register the POA deed in his favor and proceed with further action as envisaged/proposed.

Mandeep S. Virdi (Sr. Executive Legal) 16 April 2014

Thanks for your revert.

Came across an interesting finding.. "The POA (for Sale and Registration of the Property Docs) can be issued only in favour of lineal descendant (i.e Bro's and Sis's) or to wife and not to Father or Mother" .. How far this is true.

Rgs,

Mandeep Virdi