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Hitesh Patel (Service)     07 May 2013

General power of attorney to non blood relative

Hi,

 

I own a house property jointly with my wife in Maharashtra. I wanted to give general PoA to my father-in-law to sell that property and buy another property on behalf of me. I am currently not in India so he needs to register this power of attorney with registrar once I sign and send the PoA to India.

 

I have got to know that I cannot give PoA to anyone other than blood relative. Is this a new rule related to PoA in Maharashtra and is this true?

 

If at all this is new rule, isn't there any other alternative that I can allow my father-in-law to act on behalf of me and my wife to sell & buy property in India?

 

Please clarify my doubts.

 

Thanks,

Hitesh



Learning

 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     07 May 2013

Yes, a document relating to an immovable property can be executed out of India and later it can be presented for registration in India(Maharashtra). As per Section 26 of The Registration Act, 1908 if a document purporting to have been executed by all or any of the parties out of India is presented for registration within the prescribed time, the Registering Officer may, on payment of proper registration fee, accept such document for registration if he is satisfied that :
a) the instrument was executed out of India.
b) the instrument has been presented for registration within four months after its arrival in India.

and if necessary get it be validated by the Collector under Stamp Act.

Hitesh Patel (Service)     08 May 2013

Thank you for your reply kavksatyanarayana.

 

I have undergone this foreign PoA process already once before 2 years and that time I was successfully able to reigster that PoA in Maharashtra. That PoA was given by my wife to me when she was not in India. I was successfully able to register and execute that PoA.

 

Now I and my wife are out of India want to make another PoA to sell the property in India. As PoA holder we want my father-in-law (my wife's father). I got to know that I can give PoA only to blood relative, so in other words I cannot give it to my father-in-law. Is  this some new rule?

 

Thanks & Regards,

Hitesh Patel

rajesh talekar (advocate)     21 July 2013

your wife can give her powers to her father not you

Gerry Wilson (lawyer)     23 July 2013

Give your PoA to your wife, your wife can give her power of attorney to her father. So he can buy new plot.

 

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