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Power of Attorney

Last updated: November 1 2012
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  • Power of Attorney

    I am in the process of obtaining a power of
    attorney here in the us to sell my fathers
    property in India as he is not well to travel.

    My question is - does the poa need to be
    on stamp paper obtained from india or
    can it be on ordinary paper with the usual
    procedure outlined by the indian consulate
    here in usa.

    Thanks
  • #2

    #2

    Re : Power of Attorney

    If you are getting the Power Of Attorney document notarized in US, then no need of Stamp paper. Just print the document, and go to any bank to get it notarized. If you are doing it in India, then Stamp paper is must.

    Originally posted by pauld View Post
    I am in the process of obtaining a power of
    attorney here in the us to sell my fathers
    property in India as he is not well to travel.

    My question is - does the poa need to be
    on stamp paper obtained from india or
    can it be on ordinary paper with the usual
    procedure outlined by the indian consulate
    here in usa.

    Thanks

    Comment

    • #3

      #3

      Re : Power of Attorney

      To add more, the power of attorney executed outside india has to be authenticated in India before the appropriate Registrar of Assurances.
      Last edited September 20 2007, 09:38 AM.

      Comment

      • #4

        #4

        Re : Power of Attorney

        Power of Attroney 1

        HI,
        I need to purchase a flat in a joint name of mine and my wife. Unfortunatley my wife is out on a business trip. During her stay, i need to sign agreement and sale deed with builder. Can anyone let me know how can i achieve this through getting Power of Attorney from US for me in India.

        Thanks,

        Comment

        • #5

          #5

          Re : Power of Attorney

          Hi
          A person can certainly buy a property while not in India thrrough his/her representative/freind/family member/relative
          You would have to follow certain norms which can make your property buying experience a pleasant one

          1. Execute a Special Power of Attorney in name of the Person who will be signing the agreements and other documents on your behalf. The Power of attorney has to be signed in front of the consul officer in the Indian Embassy of the city n country where you are located. Affixing photograph and the left thumb impression alonwith your signature is essential. You can then send the POA to India, where it has to be adjudicated. After the adjudication process, the POA is ready for use in India for buying any property.

          Hope this helps
          For any more information, feel free to ask me
          Ram

          Comment

          • #6

            #6

            Re : Power of Attorney

            An insight...

            A "Power of Attorney" is a legal instrument whereby an individual (principal) gives a person (agent) willingly the authority to act on his or her behalf as his legal representative, and to make legally binding financial, legal and other decisions on his behalf. A person need not be a lawyer to be a Power of Attorney holder.

            Power of Attorney plays an important role in transferring the lawful ownership of immovable property like land, building from one person to another. It is generally done where an individual finds it convenient, wants to avoid court proceedings or is incapacitated due to severe illness or injury rendering him/her unfit to make sound decisions. He/She can appoint one person or several persons to act on his behalf.

            The person who empowers is the Principal and the person upon whom the power is conferred is the Agent or the Power of Attorney holder. Granting a Power of Attorney is a legal process that involves the drafting of a document. Hence, it must be strictly interpreted.

            For more information read:

            http://www.indianrealtylaws.com/stamp-duty/power-of-attorney.aspx

            Comment

            • #7

              #7

              Re : Power of Attorney

              How to execute power of attorney for flat registration in bangalore

              Hi,

              I have purchased a flat in india and the registration needs to be done for the same.

              I want to execute power of attorney on my friends name so he can complete the registration process on my behalf.

              I would like to know the actual process of executing power of attorney from here.

              1. I need to sign(Get it notarized)
              2. Do i need to send it to indian embassey in San fransisco, Since my current location is los angeles.(After getting it notarized locally)

              Comment

              • #8

                #8

                Re : Power of Attorney

                1. POA has to be executed according to USA laws ( with stamps)
                2. It has to be notarized by a notary public in USA
                3. It has to be attested by INDIA embassy in USA
                4. POA sent to India
                5. Attorney should sign the POA (last page)
                6. Notarized and stamped according to India laws (Special Adhesive stamp)
                7. Registration of POA with the sub register office of identified land for purchasing
                8. Only special POA of is accepted in case real estate
                9. Grantor shall sign all the pages of POA

                Execute a Special Power of Attorney in name of the Person who will be signing the agreements and other documents on your behalf. The Power of attorney has to be signed in front of the consul officer in the Indian Embassy of the city n country where you are located. Affixing photograph and the left thumb impression alonwith your signature is essential. You can then send the POA to India, where it has to be adjudicated. After the adjudication process, the POA is ready for use in India for buying any property.

                The property proposed to be purchased / sold (identified property) shall be mention in the POA

                with regards
                viswanathan
                Last edited December 7 2007, 06:45 PM.

                Comment

                • #9

                  #9

                  Re : Power of Attorney

                  I am planning to buy a property in Malleshpalya, Bangalore. I saw in the builder ads that almost all property in this area is under "Ownership: Power of Attorney." How does this affect my legal rights as a buyer and owner of a flat in such a property. Are there any risks involved? I also saw some ads in other areas with "Owneship: Freehold." Someone please shed some light on this..

                  Comment

                  • #10

                    #10

                    Re : Power of Attorney

                    Format (Content) for POA

                    Hi

                    Is anybody can give me format (content) of such PoA?

                    Thanks
                    M

                    Comment

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