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Special Power of Attorney

Querist : Anonymous (Querist) 15 November 2010 This query is : Resolved 
Sir,

My friend purchased 2 acres of land when she is in India. Now she is in abroad and want to sell the property.
Can she execute Special Power of Attorney, giving execution rights to her agent? If yes, What is the procedure need to be followed? Means any notarization need to be done there on the document?

Please help. Its urgent. Thanks in Advance
R.Ramachandran (Expert) 15 November 2010
Yes, she can execute a Special Power of Attorney. For this she has to get the SPA notorised by the Indian Embassy in the country in which she is currently situate.
Querist : Anonymous (Querist) 15 November 2010
Thanks for the Quick reply.

One more help Mr Ramachandran! is she has to sign on Both SPA and also the document need to be executed, for which she is giving SPA, means Sale Deed?
A V Vishal (Expert) 15 November 2010
Execute a Special Power of Attorney in name of the Person who will be signing the agreements and other documents on your behalf. The Power of attorney has to be signed in front of the consular officer in the Indian Embassy of the city and country where you are located. Affixing photograph and the left thumb impression alongwith your signature is essential. You can then send the POA to India, where it has to be adjudicated. After the adjudication process, the POA is ready for use in India for selling the property.
aman kumar (Expert) 15 November 2010
agree with vishal
Querist : Anonymous (Querist) 15 November 2010
My doubt is whether we my friend has to sign on Sale Deed also (Along with POA) or not? As she is giving right to execute specific property only.
s.subramanian (Expert) 15 November 2010
No need to sign the sale deed. It is enough if she signs the POA.
Raj Kumar Makkad (Expert) 15 November 2010
I do agree with vishal.
A V Vishal (Expert) 15 November 2010
There is no requirement to sign the sale deed since the POA is executed for the purpose of signing and presenting the document for registration.
Querist : Anonymous (Querist) 16 November 2010
I am Asking About Special Power of Attorney. I Think there is a difference between SPA and POA. Please tell me the procedure of SPA.
A V Vishal (Expert) 16 November 2010
Both are one and the same, only difference is that a SPA is for a specific & limited purpose and a POA is for general & varied purposes and may include the specific purpose also, the procedure is same for both.


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