Power of attorney (poa) to sell

PM (Querist) 04 February 2013 This query is : Resolved
Respected Sir/Madam,

I am planning to buy a resale property in Pune. The owners (both husband and wife) are not in India and currently in US. The owner has given the Power of Attorney (POA) to his father in law(FIL) who resides in Pune. On verifying found that the POA does not mention any point that authorizes the FIL to sell the property. I have now asked the FIL to get the new POA. What I have so far understood is that the owners can go to the Consulate and create a POA and send it to India. My queries are

a. Whether is this the right procedure to get the POA
b. Does this POA need to directly come from the Consulate once prepared or the owner in US can send it across to avoid and tempering
c. Once we get the POA here in India, can we register it ? If not will the notarized POA sufficient enough ?
d. Any other important point that I need to take care.

Your earliest response will be highly appreciated

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ajay sethi (Expert) 04 February 2013
owners have to affirm the POA before consulate in USA

power of attorney for sale of property needs registration . your agreement for purchase of property wont be registered if the power of attorney authroising sale of property is not registered.

PM (Querist) 04 February 2013
Thanks Ajayji. What is the procedure to get it registered. My Broker tells me that for registration the owner has to be here. Is that true ?

ajay sethi (Expert) 04 February 2013
It is mandatory to present the POA executed abroad before the office District registrar for due authentication within 30 days of its arrival in India

PM (Querist) 04 February 2013
So to register the POA if I understand it correctly we need to do the below

a. Get the POA affirmed from Consulate. When we say affirmed it means that it needs to be notarized @consulate ?

b. Once we receive the POA in India, the person in whose favor the POA is executed, needs to go the Sub-registrar office and get it Registered. The Owner (residing in US) need not be physically present in India to do this

c. If the POA is not registered and only notarized, the Sub Registrar office will not excecute the "agreement for purchase" unless the "POA" is registered

Thanks again

Guest (Expert) 04 February 2013
POA executed abroad needs be notarised first and thereafter got attested from the Consulate/ Ambassador of India in that country on payment of the prescribed fee to that office.

Raj Kumar Makkad (Expert) 09 February 2013
Nothing to add more as I do endorse the views of the experts.

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