[vivekiny2k]

thanks ram, that was useful. sending you a PM.

[BaCkSeAtDrIVeR]

@pinnacle, but he cannot register the PoA in his absence, can he?

[vivekiny2k]

I think my father can, with the POA attested by consulate here. not sure though.

[hkanitkar]

POA of a non resident Indian can be executed in India by the holder, if and ONLY IF the POA is signed by the NRI in presence of; and notarized ( might not be the right word ) by the Indian consulate.

@vivek - the formats that i sent you, were for a Purchase of Flat. There might be some changes in the format required as in your case, its a sale of a property.

[GOKULEDG]

Hi Ram,

I'm currently in USA and looking to buy a property in Chennai by my father.

Could you send me the POA format to my email id. p_gokulakrishnan@yahoo.com

Appreciate your help.

Thank you

Gokul Parthasarathy

[BaCkSeAtDrIVeR]

Dude, why do need a poa for buying property?

[Fraz33r]

Hey Gokul;

I had recently executed POA for my father at the embassy; But since we were applying for a loan the format was provided by the bank itself. I guess if you go to a lawyer he might have a predesignated format which you can use.

[amitoj]

Team BHP Zindabad!
I was search for "power of attorney for india from usa sample" and the 5th link is from TBHP!! I should have checked here before checking google!!

Anyway, so I have a question about this whole process of using GPA to sell property.

I intend to sell a property back in India through a POA given to my father. Now, so far, the process as i understood was:
1. Create the power of attorney on a plain paper, mention details of property
2. Sign it in front of a Notary here in US.
3. Get it attested by Consulate General India's office in New York.
4. Send it to India
5. My father gets it registered at the registrar's office.
6. He sells off the property based on this POA.

My question is about step 3 ( Get it attested by Consulate General India's office in New York) I have come across a few posts on R2I forum that say that this step is not necessary, unless specifically asked for. Is this true? Who would normally ask for it? The buyer's bank if he is taking a loan to purchase the property?

Thanks
Amitoj

[Jaguar]

Originally Posted by amitoj

My question is about step 3 ( Get it attested by Consulate General India's office in New York) I have come across a few posts on R2I forum that say that this step is not necessary, unless specifically asked for. Is this true? Who would normally ask for it? The buyer's bank if he is taking a loan to purchase the property?

Thanks
Amitoj

Yes, you don't need to have it attested by the Consulate General. A public notary attestation would do. I bought my apartment from a guy in US and his father here was the POA holder. My lawyer though insisted that the POA should be specific, as in, explicitly mention the property details and his willingness to sell, rather than a generic POA authorizing his father to act on his behalf.

[amitoj]

Originally Posted by Jaguar

Yes, you don't need to have it attested by the Consulate General. A public notary attestation would do. I bought my apartment from a guy in US and his father here was the POA holder. My lawyer though insisted that the POA should be specific, as in, explicitly mention the property details and his willingness to sell, rather than a generic POA authorizing his father to act on his behalf.

Great, thanks!
I'll ask the buyer to check with his bank.
Also, the property is in joint name with my wife. So, do we need two power of attorneys?

[BaCkSeAtDrIVeR]

amitoj - I do not think you need to sign it in front of a notary in US of A unless the Consulate requires you to. You cannot dispense with the Consul's attestation.

Once the PoA reaches India, your dad needs to take it toe Stamp Duty Collector (under the Stamp Act) - Usually the District Collector, and pay the stamp duty for PoA prevailing in your state. The stamp duty would be a few hundred rupees - can vary between 50 to 250/-.

This has to be a specific power of attorney. So the advice given above is correct.

A power of attorney for selling property (that is "registering a document relating to title to property") needs to be (a) a specific power of attorney (b) registered at any registrar's office - not necessarily the place where the land is situated.

If circumstances permit, you may be better off till you find a buyer, and ask him / his lawyer to draft te poa and follow their directions. This would save you some money and probably duplication of efforts. The flip side being you may be running against time.

"Specific power of attorney" means (a) power to register a document of sale on your behalf should be granted (b) this should specifically relate to the property in question. Of course, this boils down to adding a description of the property.

Obviously, this does sound complicated, and if you goof up, the buyer will balk. That is why I say you wait till you finda buyer and then ask him to provide a model / draft.

[pjbiju]

Originally Posted by amitoj

Great, thanks!
...
Also, the property is in joint name with my wife. So, do we need two power of attorneys?

When I bought my flat from a couple who were in the US, it was a single POA that they sent me. The POA had the photos and details of both the husband and the wife.