Legal Question in Real Estate Law in India

Re: POA Registration

The power of Attorney executed abroad must have been notarized with the local Indian Consulate office to make it effective in India. Any action taken on POA not executed in this manner can be challenged by any party interested in the transaction in future. Moreover in case of the sale of this property in future title will be considered defective.

Now to rectify this please arrange to execute fresh POA in the manner laid-down as above and approach registrar office with supplementary document rectifying the irregularity

Re: POA Registration

If in the recital your name is shown as purchaser & the same is not signed by you but the seller admits you to be a purchser and the doccument is registered though the same is signed on your behalf for you by your sister holding unregistered POA,the transaction is complete.

Re: POA Registration

The POA needs to be notarised locally and sent to the sister immediately to set the matters in order.It can de done locally at Indian Consulate in your country of residence. Failing following this procedure, your dealof site in India through your sister may be in jeorpardy.

Sarat Chandra

Re: POA Registration

As per the concerned stamp act, any GPA executed outside India, has to be presented before the District Registrar for due authentication, within 30 Days from the document entering India. If the same has not been done, and your sister has acted upon the same, it was incumbent upon the Sub-registrar to refuse registration and return the document for compliance, however, he has gone ahead and registered the sale deed, for the reasons best known to him. So, now if the 30 day period is not over, the document can be still presented for due authentication.

Re: POA Registration

It is mandatory to present the POA executed abroad before the office District registrar for due authentication within 30 days of its arrival in India. The Sub-registrar should have refused to register the Sale deed but in your case he has registered the document.

mere non rigistering of POA will not effect your right over the title of the property you bought through your POA holder.

It is adivised to perfect the title by transfering the revenue/ Muncipal/Corporation record in your name on the strength of Registered sale deed. Your POA holder can do that on your behalf only if the said power is also assigned in the POA in question.

for more information in detail contact me.

Re: POA Registration

Normally POA executed abroad has to be taken to the office of Collector of Stamps within 30 days of its arrival in India for that office to adjudicate the Stamp fee (Which is Rs. 50/- subject to amendment by a particular state of India). Notarisation thereafter is not necessary if already notarised abroad? So, crucial fact is whether or not you got it notarised before sending that to India?

Regards

Arya