cmaroju 13 June 2018

Is it mandatory to give power of attorney to a person india?

HI, I am currently living in USA and planning to purchase a small residential plot (from a broker) in Hyderabad, India outskirts. My dad saw the property and liked it. Now, I am planning to buy it. I just spoke to the broker (who owns an acre or more land and selling it in small pieces). According to him, he says that he shall courier me the registration forms to USA and asking me to sign it (along with my Aadhar xerox). Once I fill it up and send it back, he will get that registered in registration office. Is this legally valid ? Seller says no need for POA.

Reply Follow

2 Replies

R.Ramachandran (Advocate) 13 June 2018

Beware!

For registration, the presence of both the seller and purchaser before the Sub-registrar's office is a must. If either the seller or the purchaser could not be present, then a duly authorised Registered Power of Attorney must be present.

Vijay Raj Mahajan (Advocate) 13 June 2018

Direct sale of property to buyer doesn't require POA, however the property deal is genuine or not has to be checked and confirmed before moving ahead with the proposal. The correct position with regard to property and it's ownership has to be checked from the revenue department, tehsil or sub-registrar office of the district where the property is supposed to be located. The property dealer is actual owner or himself hold POA himself is first thing to be checked. The property to be sold can be used for the purpose for which it is being purchased is another thing to be checked. You may be looking for making residential house there on the property and it may only be allowed for agricultural purposes. All such issues arises that you cannot ignore even if you are NRI sitting in another country, big time cheats exists anywhere in India looking for innocent people like you to make big money. Your father may not be well aware of all the legal consequences involved in the property deals so you must take help of genuine lawyer before acting ahead with any such proposal.