NRI buying Poreperty in TamilNadu

Querist : Anonymous (Querist) 19 November 2009 This query is : Resolved
Dear Lawyer Team,

I am currently residing in Canada. I wish to buy the property in my home town dharmapuri, India. Is there a way for me to reigster the house in my name while being in canada? or is there a way to give PoA to my younger brother who is in chennai,tamil nadu.
I heard from a lawyer that recently they changed the law and wherever the property registeration takes place, PoA shud be registered there (in that ciry). Is it true?

Any quick reply is highly appreciated.
Thanks!

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A V Vishal (Expert) 19 November 2009
Is there a way for me to reigster the house in my name while being in canada?

Ans.No

or is there a way to give PoA to my younger brother who is in chennai,tamil nadu.

Ans. Yes, you can execute a Special POA in favour of your younger brother which needs to be notarized by a Canadian Notary Public or the same can be authenthicated by the Indian Embassy at Canada. The POA then needs to be sent to India, where the Document is affixed/franked with proper stamp duty which is Rs.1000 in case of a POA in favour of a Relative. This POA can be validly used by your brother to do the needful.

Raj Kumar Makkad (Expert) 19 November 2009
Both you and your brother are required to be present at the time of the registration of POA in Canada then such POA is valid and there is no nee of its registration in your city Dharampuri as suggested by someone.

niranjan (Expert) 19 November 2009
I agree with Vishalsir.Pl. do not forget to affix your photo on the POA.

A V Vishal (Expert) 20 November 2009
Mr Makkad

The POA is not registered in Canada, however a NRI can execute a POA and get it notarized there or authenticated by the Indian embassy, the querist brother after accepting the POA can however get it registered here in India by paying the requisite Stamp duty. Kindly check with the local registration office at your place about the procedure.

Legal Eagle (Expert) 20 November 2009
I fully endorse with Mr. Vishal.

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