shiva 29 August 2016

Power of attorney from us for selling a flat in hyderabad

Hello,

I'm thinking to buy a apartment flat in Hyderabad, India. But the owner of the flat is residing in US.

Till now we have contacted the father-in-law of the owner and we've decided to go forward purchasing the property.

I'm thinking to take loan in public sector bank, which requires agreement of sale.

Now, for agreement of sale and for the selling of the property owner's father-in-law is suggesting the Special power of Attorney(SPOA) on his name, which helps him to just present the documents. And he is telling that he will sign on the agreement of sale, but sale deed will be couriered to US and signed by his son-in-law (owner) and returned to India.

Is this a valid process as the main owner will not be present in front of the registrar during registration?

Is the SPOA is sufficient for agreement of sale and to sell the property?

Please suggest me the best legal process to make this go with out any obstacles.

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2 Replies

adv.bharat @ PUNE (Lawyer) 29 August 2016

Dear Shiv

SPOA is meant for doing any special work on behalf of origional owner.

Please consider that full stamp duty and registration to the government and make it Registered.

If all thing done accordingly then only it is valid legal document other wise no.

If u like my suggesation then give THANK on my profile.

shiva 29 August 2016

Originally posted by : adv.bharat @ PUNE
	Dear Shiv SPOA is meant for doing any special work on behalf of origional owner. Please consider that full stamp duty and registration to the government and make it Registered. If all thing done accordingly then only it is valid legal document other wise no. If u like my suggesation then give THANK on my profile.

Thanks for the response, Bharath.

So, what you say is SPOA is not enough for the complete sale of property? or SPOA should be registered after paying stamp duty? or GPA is preferred?

At the same time, please let me know what are important points to be added to the SPOA from agreement of sale till sale of property. and Please let me know the stamp duty and registration cost for the same, if the person taking SPOA is not a blood relation of the owner.