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Chandra   01 March 2016

Power of attorney

Hi,

I am currently residing in USA with my wife. before moving, we jointly booked an under-construction property (flat) in Bangalore, with my wife being the primary applicant on home loan for it, and myself as co-applicant. Now we want to give PoA to my father-in-law to register the flat. My builder insists I give the PoA to a blood relative - In essence I should have 2 PoA - one that i give to my blood relative and second, my wife gives to her father. My father is sick and in Delhi and cannot go to Bangalore and my brother stays out of country as well. There is no one else competent enough to carry out the process. 

1. Is  it mandatory that the PoA should be given to blood relative or can me and my wife jointly give the PoA to my father-in-law (I mean what happens to those who do not have one survining!)?

2. Should I give a Special PoA or General PoA - purpose is to only register a specific flat, sign documents related to purposes like, but not all-inclusive, water/electricity connections etc. and operate loan account as may be needed.

3. If possible, will I be expecting a registration cost only when registering the PoA or is there something to do with stamp duty payment. I thought stamp duty might be payable when there is a sale from my end.

 



Learning

 2 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     01 March 2016

I don't think there should be any problem as far executing the POA in your father in laws name is concerned . My brother in law who is also an NRI did the same and provided a POA to my father for a property at NOIDA . Everything worked out fine . The attorney should be an SPA by virtue of which you must bequeath specific rights in favour of the said attorney holder . GPA wont work . The POA need not be registered mandatorily . POAs which are notarised also enjoy a presumption as per law . Registration is optional . Howevr for that your personal presence before the registrar shall be mandatory which seems difficult considering that you're placed at the states . Get a competent lawyer . Have a decent POA drafted . Notarise your signature from a notary there . And ask your father to have his signature notarised at India . Then use that POA for any purpose related to the said flat .

Chandra   02 March 2016

Excellent. Thank you Sir. So the way I read it, I will have to get Special Power of Attorney for the purpose and notarise from my end - I can do this by visiting Indian consulate (I heard sometimes the third party (builder and revenue office, due to lack of knowledge, insist on consulate notarization rather than other notaries available locally). And then I need my father-in-law to notarize his signature notarized in India. Registration of Special PoA is not mandatory but I can do it(since the builder insists on it). 

I checked www.legaldesk.com, where they can create a draft of PoA based on inputs I give at a charge. Do you have an idea about their services - that they are competent to do this?


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