Legal Question in Real Estate Law in India

What form to be used to assign Power of Attorney to someone in India

I Live in Illionoise, USA and want to give General Power of Attorney to my sister, living in India to sell my Property on my behalf. Please advise what form should I use. Thanks


Asked on 9/01/04, 8:51 am

4 Answers from Attorneys

Prabhat Shroff Shroff & Company

Re: What form to be used to assign Power of Attorney to someone in India

Since it involves sale of an immoveable property, you may have to execute a General power of attorney. If details are given, a general power of attorney may be prepared and sent to you.

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Answered on 9/02/04, 8:07 am
John Pembroke John J. Pembroke & Associates LLC

Re: What form to be used to assign Power of Attorney to someone in India

You may use the Illinois Short Form Power of Attorney for Property. The form is specified in the statute, and may be available on line, and is available in office supply stores.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.

As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

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Answered on 9/01/04, 9:38 am
Vivek Mapara Mapara Law Firm

Re: What form to be used to assign Power of Attorney to someone in India

To avoid complication ask ur sister to draft a general power of attorney for u in india as per the provisions of indian law and sent the same where-ever u are.

Now u have to executed (sign) power-of-attorney before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian consul or Vice-Consul, or representative of the Central Government with a certificate to that effect.

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Answered on 9/05/04, 12:08 am
Vivek Anand M/S.VIVEK ASSOCIATES

Re: What form to be used to assign Power of Attorney to someone in India

There are 2 types of POA 1] General Power of Attorney 2] Special / Specific Power of attorney.

General power of attorney authorises the beneficiary to act on behalf of the executant in a number of related transactions, whereas, the special / Specific POA empowers the beneficiary to act on behalf of the executant in a single transaction of a partcular type.

In the instant case, you can opt for the first one as it relates to selling an immovable property which have other technicalities to be complied. You can also say that the attorney holder is authorised to act only in respect of selling of ABC property and do all incidental and ancillary acts connected thereto.

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Answered on 9/01/04, 1:39 pm


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