Power of attorney to rent out my brother's flat
Shruti
(Querist) 08 November 2016
This query is : Resolved
Hello all,
My brother has a flat in Bangalore. He wants to rent it out. He doesn't stay in Bangalore. I need to take care of it. Since I would have to sign on the agreement in his absence I wanted to get a General POA(Power of Attorney) done. I am planning to do in the following manner.
1. Take a Rs. 100/- stamp paper and get the matter printed describing the purpose/need for that GPOA.
2. Send it to my brother for signing
3. After my brother sends it back, get that notarized from a Notary.
Is this process valid and acceptable. I would just need rights to sign on the rental agreement and no other powers. Keeping that in mind what is best way to do it so that it is legally valid. Experts kindly suggest. Thanks in advance for your help, inputs and advice.
Regards,
Shruti
Kumar Doab
(Expert) 08 November 2016
Ask your brother to consult his counsel at location wherever he is and send it from there and appear in person while signing.
Kuummaar AS
(Expert) 08 November 2016
Shruti,
Stamp duty differs from state to state. Moreover, POA will have to be signed. Ask your brother to purchase stamp paper of appropriate value for POA and appoint you attorney for signing the rent agreement only, as desired by you. However, it would be better, if some other relevant powers are also granted to you otherwise difficulty can be faced later on.
Rajendra K Goyal
(Expert) 08 November 2016
Generally GPOA need to be registered. You can get it prepared and get it registered.
It seems you want to give limited rights, special POA may be sufficient.
Shruti
(Querist) 08 November 2016
Hello all,
Thanks for all the replies. My brother stays in the US. He said sending from there is very complicated. He is not ready to do that. One of his friend had got it done like this. His flat is in Bangalore, so jurisdiction is in Bangalore, Karnataka.
I also had seen one uncle had done like that and he also told me to meet one Notary who also had clarified that I can do it that way. Since he is not here both of us will not be able to sign in front of the notary at the same time. So I am just thinking what is the alternative for this. Kindly let me know. It will be of great help.
Thanks in advance for your inputs and help.
Regards,
Shruti
Kumar Doab
(Expert) 09 November 2016
It is felt that he should be present.
He should agree to complete and send it from US.
Rajendra K Goyal
(Expert) 09 November 2016
If your brother is in US, he can execute POA there, get it signed by the prescribed official at embassy, send it in India to you, present to local collector office for adjudication, he would charge the required stamp fee with applicable penalty and the POA would be OK to be used in India.
Both of you need not to be present in India for completing the formality.
Rajendra K Goyal
(Expert) 09 November 2016
You can search internet for finding answer if having any problem.
Kumar Doab
(Expert) 09 November 2016
You have posted that:
" My brother stays in the US. He said sending from there is very complicated. He is not ready to do that. "
Avoid what is told by friends.
You may communicate the correct procedure after discussing with your own counsel.
Thereafter it is upto him and you.
Shruti
(Querist) 09 November 2016
Thank you all for all of your valueable responses. It was very helpful.
Kumar Doab
(Expert) 09 November 2016
You are welcome.
Kuummaar AS
(Expert) 09 November 2016
Shruti,
YOU HAD EARLIER SAID, INTER ALIA,
"My brother has a flat in Bangalore. He wants to rent it out. He doesn't stay in Bangalore."
LATER ON WHEN A FEW EXPERTS RESPONDED, YOU SAID
"Thanks for all the replies. My brother stays in the US."
IS IT THE WAY TO RAISE A QUERY? WAS IT AN EXAMINATION FOR EXPERTS?
Shruti
(Querist) 09 November 2016
Kumarji,
Thanks for the mail. I am not testing anyone. I had mentioned clearly that my brother doesn't stay in Bangalore, which essentially meant and clarified the purpose of taking POA is what I thought. I am not a legal person. So if that is not the right way, I apologize for the same. Sorry about that.
Rajendra K Goyal
(Expert) 09 November 2016
You can follow the advised procedure.
adv.bharat @ PUNE
(Expert) 09 November 2016
Follow simple procedure as given below
If your brother is in US, he can execute POA there, get it signed by the prescribed official at embassy, send it in India to you, present to local collector office for adjudication, he would charge the required stamp fee with applicable penalty and the POA would be OK to be used in India.
Shruti
(Querist) 09 November 2016
Thank you everyone for all of your valueable piece of advice. That was helpful.
Siddharth Dev
(Expert) 10 November 2016
In short I would like to advise you contact a local lawyer in Bangalore
