Anshu ( ) 03 October 2013

To buy plt based on special power of attorney

Hi All, I have a question about the Special Power of Attorney.

Before moving out of India for work (duration: 1year), I assigned "Special Power of Attorney" to my father.Now, we want to purhase a small plot at my native place. So, can my father purchase this land on my behalf? Or Am I required to do anything in Canada/ Indian embassy?

Please let me know about it.

Thanks alot.

Reply Follow

1 Replies

Nitisha Jain (Associate Lawyer) 03 October 2013

Hi Since it is a special power of attorney, it has to be confirmed what all powers you have given to your father, subject to the fact that the POA is valid i.e. one year has not elapsed. If it covers right to purchase or do any act in relation to transfer of property, he may purchase on your behalf. The wordings in the POA will matter. Further, the Sale Agreement will also be registered, so make sure that the POA gives the power to execute and admit execution of documents as well. If any of the above provisions are not there in the POA, you may then have to execute a fresh POA which you may have to get notarised at Canada Embassy (assuming from your query that you live in Canada) and send to your father. Nitisha Jain email: nitisha.jain1209@gmail.com