Can poa holder sell the property on behalf of owner

Kumar (Querist) 02 April 2017 This query is : Resolved
Hi, our close relatives (i.e., my wife sister) are staying at USA, now they want to sell the resale property to us. But they don't time to come to India for next 4 to 5years. Now they are ready to give the poa to her mother. Shall we proceed or any other alternative for this procedure. Request you to pls advice in this regard.

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Guest (Expert) 02 April 2017
Repeated and Replied in Other Thread

T. Kalaiselvan, Advocate (Expert) 03 April 2017
The power of attorney executed in favor of the power agent should be a registered document. The principal should execute the document mentioning the correct details of the property to be sold through the power agent.
The power agent is the authorised representative of the vendor and he/she can sell the property on behalf of the owner to the prospective buyer.

Adv. Yogen Kakade (Expert) 03 April 2017
The power of attorney has to executed at USA and get authenticated with the Indian Embassy in USA. The specification such as description of the property, purpose, duration etc. needs to be mentioned. If the purpose of executing such POA is for the sale of the property, then the POA must include the clause of signing and execution of such specific document related to the said property.

kavksatyanarayana (Expert) 03 April 2017
The power of attorney has to be executed at USA and get it authenticated with the Indian Embassy in USA. If the POA is for sale or transfer in any manner, all the details of the property shall be noted in POA. After receipt of POA in India, it should be validated under Sec.18 of IS Act. then the authorised person can act on pOA as an Agent of POA. And most of States reduced stamp duty for a POA if it is given to family members.

Rajendra K Goyal (Expert) 05 April 2017
Repeated query:

http://www.lawyersclubindia.com/experts/Can-poa-holder-sell-the-property-on-behalf-of-owner-636796.asp

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