POA Query

Querist : Anonymous (Querist) 26 May 2010 This query is : Resolved
Hi,
I am purchasing a plot alloted by the greater noida authority for making house.

Allotee of the plot shifted to US and now he is giving Power of
Attorney (POA) to his relative in delhi to process deal.

Queries
1.)Please suggest what precautions needs to be taken to avoid any inconvenience later( like ownership issue) as i am dealing with POA by NRI.
2.)Is there any way to verify POA authenticity ?

Follow Query

Report Abuse

A V Vishal (Expert) 26 May 2010
A Power of Attorney to sell immovable property should be registered else it is invalid, since the vendor is out of the country it is not possible to execute the same without his physical presence. In absence of a valid POA the vendor(principal) can repudiate the deal at a later stage, hence in best interest it is not advisable to enter into the deal.

Guest (Expert) 27 May 2010
If the GPA is executed at a foreign country, it must be endorsed by Embassy official and must be registered at the jurisdictional registrar office by the Agent. Verify regarding the compliance of the above. After comparing the original GPA document, if you wish, you can seek an Affidavit or authority letter from the Principal that the GPA is still valid and he has not cancelled it. (Corresponding with the owner (principal) regarding this can be done by you directly after collecting the address).

A V Vishal (Expert) 27 May 2010
Dear Mr Siva

How can the POA be registered at the jurisdictional SRO without the presence of the principal, the most the registrar can do is only adjudicate the POA with proper stamp duty but cannot register it.

Querist : Anonymous (Querist) 29 May 2010
first of all thanks to all for such a quick and heartly replies...
@Vishal : i agree with siva GPA can be executed by a NRI by the process he described.
@Siva : Kindly let me know that how can i ask for the affidavit or authority letter from seller as he is not present in india. Is there any other way to verify status of GPA ?
thanks again....

A V Vishal (Expert) 29 May 2010
Mr Anonymous.

I too do agree that a GPA can be executed outside India, but execution and registration of document are two different things. Even a duly executed document can attract legal infirminity since it is not stamped properly/registered. In case of a POA for sale of immovable property the law has mandated compulsory registration, in view of the same I have formed my opinion and advised.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries