Power of attorney
Mani S
(Querist) 13 August 2021
This query is : Resolved
There is a senior citizen (widow) living in Vile Parle (East), Bombay who owns a piece of agricultural land in Tirunelveli Tamil Nadu. She wants to sell it and there is a buyer. Due to age and health issues she is not able to travel to Tirunelveli. She wants to give Power of Attorney to a third party who is helping her in this regard (She has no close relatives in Bombay). After duly ensuring that her rights are protected, is there a way that she can give the PoA to third party. If yes, is it required for the 3rd party also to be present in the registrar office in Bombay to register the PoA? We need specific power with a schedule of the property in the PoA. Mere Execution Power will not do. Can anyone refer me to any reliable document writer or advocate in Vileparle (East) who can draft the PoA and facilitate registration. Thank you.
Dr J C Vashista
(Expert) 14 August 2021
She (Vendor) should get consideration amount transferred in her account / name in full and authorise any person of the choice of the vendee (purchaser) where the vendee shall get the PoA drafted as desired.
Mani S
(Querist) 14 August 2021
Vendor getting consideration is a definite yes. Obviously he will get it only when the sale registration is done. To do the sale registration a Power of Attorney is a must. The question is how to get the Power of Attorney in favour of third party in Maharashtra (where I understand that they do not allow PoA to third parties) with property being in Tamil Nadu. As I mentioned the person who has to give the PoA is resident of Bombay and is a senior citizen who cannot travel to Tamil Nadu. He does not have close relatives who are willing to take PoA and travel to TN. So he is willing to give PoA to the party in TN who will do the selling and give the owner the consideration. Hope I am clear on my question whether PoA is possible in Maharashtra to be given to third party
P. Venu
(Expert) 14 August 2021
It is not necessary that the power agent be present while executing PoA.
Mani S
(Querist) 14 August 2021
Thank you Mr. Venu.
I personally know that in TN and New Delhi, the Power Agent should be present. But my question is regarding Maharashtra and it is not just about Power Agent to be present or not. The question is whether a resident of Mahanrashtra can give power to a third party (not a relative) for a property outside Maharashtra.
Dr J C Vashista
(Expert) 15 August 2021
PoA can be registered in the absence of executant (grantor of attorney) in Delhi if it is validly attested by authority.
Mani S
(Querist) 21 August 2021
After physically checking with few registrars in Bombay it has been made amply clear by them that a general POA can be issued only to a relative and NOT to any 3rd party (to whom only execution power can be given). Now my question - how do I establish that SO AND SO is my brother or brother in law or first cousin, etc. Will a notorised affidavit declaring the relationship be acceptable to the Registrar
