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Registration of Power of Attorney for Sale of Property for NRI

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Registration of Power of Attorney for Sale of Property for NRI

Last updated: 5 days ago
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  • Registration of Power of Attorney for Sale of Property for NRI

    Hi,
    I am a NRI staying in USA and I am going to sell my flat located in Pune. My flat is jointly owned by me and my wife and I am planning to visit Pune to complete sale. Since my wife cannot travel with me, I will be taking POA from her to authorize me to complete the sale formalities.

    However, I am not clear on the process for POA. I have a lawyer and he suggested the following:

    1) He sent me a draft for POA.
    2) My wife will complete POA in presence of two witnesses and Notary followed by appostling from US secretary of state office and attestation by Indian Consulate here in US.
    3) Once I am in Pune with POA, we will attach Rs.500 stamp paper and for one side notarization of POA since its without consideration and within family
    4) I plan to complete deed of sale / registration of my flat with that POA in 2-3 days after this. Now in this process I am not registering my POA with sub registrar in Pune. My lawyer suggested that since I am a family member and this POA is without consideration. I do not need to register POA and Its optional.

    I did some reading online and its not clear to me if its mandatory if its done within family. I have following queries:

    1) Is registration mandatory for this POA given to me by my wife?
    2) How much time does registration of POA takes? I am traveling only for couple of weeks and want to complete the entire process in that time.

    Thanks in advance,
    Best Rgds.
    Last edited by Malvish; 6 days ago.
  • #2

    #2

    Re : Registration of Power of Attorney for Sale of Property for NRI

    Your POA has to be signed/approved by the Indian Embassy in the USA. It does not take much time for POA registration at sub registrar office. They may try to create some issue after looking at embassy stamp at POA for getting something extra from you. Please negotiate fees with lawyer in advance.
    Last edited by Malvish; 6 days ago.

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    • #3

      #3

      Re : Registration of Power of Attorney for Sale of Property for NRI

      Hey msnijj I guess LawRato must have some suggestions for you as well.
      Talk TRUE; Talk IREF

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      • #4

        #4

        Re : Registration of Power of Attorney for Sale of Property for NRI

        Hello,

        The Registration (Maharashtra Amendment) Act, 2010 effective from 1 April 2013 has resulted in amendment of Section 17 of Registration Act, 1908 I (Act) in sub-section 1 in its application to the State of Maharashtra. As per the said amendment, an Irrevocable Power Attorney relating to transfer of immovable property in any way (family or otherwise) executed on and after the commencement of Registration (Maharashtra Amendment) Act, 2010 shall be compulsorily registered. Moreover registration of POA all across the country has been made compulsory since a judgement in 2012.

        The general time frame for this POA to be registered is 15 business days. However it is not uncommon to have to confront higher authorities themselves repeatedly or to receive clear indications of asking for a bribe. Once you get this POA stamped by SDM, it is considered a registered power of Attorney.

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