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Nila (Consultant)     04 September 2012

Do i need poa

Myself and my wife have jointly purchased a land in India. I have decided to let my wife do all the legal formalities like applying patta, tax everything for the property on my behalf.

I would like to know if it is mandatory to give POA to my wife on my behalf. Also if yes, what will be procedure to follow to get the POA if,

1. We both are physically present in India. (or)

2. I'm presently residing outside India.

Appreciate , if there is any reference for sample POA document for this purpose.

 

Thanks & Regards,

Nila



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     04 September 2012

Yes, since your wife is the owner to the extent of her share, if she has to deal with the entire property, she needs to have a POA authorising her to do so. If both of you are in India, then such a POA can be executed and registered before the Sub-registrar exercising jurisdiction over area where property is located. If you are outside, you need to get the POA executed by you in your wife's favour notarised by Indian Consul in your Country/state. and then send it to India, your wife can get it registered and then act as per the same. 

 

Feel free to talk !

1 Like

Nila (Consultant)     05 September 2012

Dear Bharat,

Thanks for you reply.

Could you please let me know the procedure to do in India, if we both are in India.

Do i need to approach any lawyer to prepare the format of POA and get it signed from notary before registering in the Sub-registrar office. (or) Do i need to approach any real estate broker to get it done.

It would be great if any sample POA can be shared for the same.

Thanks,

Nila

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     05 September 2012

Dear Nila,

For obtaining permission, a notarised POA holds good but for transfer of property only, it requires a registered POA.

Nila (Consultant)     05 September 2012

So do you mean to say that for applying patta, Kist, property tax etc..but not for selling the property, a notarised POA is enough?

If yes, wat is the format to be prepared and get it attested from notary. Is it mandatory that POA has to be in stamp paper even for this case.? Also, is this notarised is enough for applying patta for the entire property on my behalf?


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