Poa for "assignment agreement" to transfer flat
Querist :
Anonymous
(Querist) 21 December 2020
This query is : Resolved
Hi,
Myself and my wife (both residence status NRI) jointly booked a flat in Bangalore in one of the Prestige projects. We got the possession of the flat in Nov-2018. We could not register it because of we could not travel to India.
Now we want to sell this flat. Because this flat is not yet registered in our name, transfer of flat will happen from us to buyer within Prestige only, then buyer can go for registry directly with Prestige.
To start the process agent said we need "assignment agreement" to be signed between us and buyer.
Since we are not in India, buyer is asking for Power of Attorney who can sign "assignment agreement" document.
My questions are:
1. Can I give Power of Attorney to my friend living in Bangalore to sign "assignment agreement" because my parents are not in Bangalore? Will this be accepted?
2. If friend is not possible and only blood relatives can be given PoA then for me it's fine, I can give PoA to my father but can my wife also give PoA to my father (her father-in-law)? Does father-in-law is considered blood relative for PoA in property matters?
3. Since this is not the registration of the property and it's internal transfer within Prestige, do we really need to give PoA to blood relative? During this Covid time, I don't feel safe for my parent to travel from UP to Bangalore.
4. Can I use any registered property management company (who is currently managing my same flat) to sign "assignment agreement" on behalf of me?
5. Finally if I have to give PoA then for "assignment agreement" do we need to register the PoA in the local sub-registrar office in Bangalore?
Thanks.
Guest
(Expert) 21 December 2020
Power of Attorney would be Universally Valid and there is no need to travel for this. It is safe to discuss it with Concerned Registrar at Bengaluru regard to his requirements for the acceptance.
Guest
(Expert) 21 December 2020
Specific Power of Attorney could be Executed for the Sale Of Particular Property Only.
Advocate Bhartesh goyal
(Expert) 21 December 2020
It is not mandatory that POA be given to a person who is in your blood relation, it can be given to any person to whom you know and reliable to you.Execute poa jointly/together both you and your wife .For internal transfer poa is not required to be registered with Sub Registrar.
Rajendra K Goyal
(Expert) 21 December 2020
You said:
1. Can I give Power of Attorney to my friend living in Bangalore to sign "assignment agreement" because my parents are not in Bangalore? Will this be accepted?
Reply:
You can give POA to your friend. Prefer specific POA. Execute it before Indian Embassy prescribed officer, send it in India where it would be stamped and registered.
You said:
2. If friend is not possible and only blood relatives can be given PoA then for me it's fine, I can give PoA to my father but can my wife also give PoA to my father (her father-in-law)? Does father-in-law is considered blood relative for PoA in property matters?
Reply:
POA can be given to your father by you and your wife both.
Rajendra K Goyal
(Expert) 21 December 2020
You said:
3. Since this is not the registration of the property and it's internal transfer within Prestige, do we really need to give PoA to blood relative? During this Covid time, I don't feel safe for my parent to travel from UP to Bangalore.
Reply:
No need to give POA to blood relative, it can be given to a trusted person.
You said:
4. Can I use any registered property management company (who is currently managing my same flat) to sign "assignment agreement" on behalf of me?
Reply:
POA to some known / reliable person is preferable.
Rajendra K Goyal
(Expert) 21 December 2020
You said:
5. Finally if I have to give PoA then for "assignment agreement" do we need to register the PoA in the local sub-registrar office in Bangalore?
Reply:
If the POA is signed before the prescribed Indian embassy official and forwarded to India, the holder can get it stamped and can get it registered in India as per procedure.
kavksatyanarayana
(Expert) 21 December 2020
As per me, how did you get possession of the flat without registration? If you do an Assignment Agreement with the buyer, no rights have been devolved to him. For POA query, I agree with the advice of the learned-expert Mr.Rajendra K. Goyal sir.
Dr J C Vashista
(Expert) 24 December 2020
If you want to sell it out it would require title and posssession of flat in your name.
Before the property is not transferred in your name you have nothing in your hand for authorising someone for making any transaction.
PoA if any, has to be authenticated by Indian Embassy of your residence and area SDM in favour of any blood relation.
It would be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.
