Results for #Attorney
Legal
#rise#bangalore#loan#sell#property
I purchased an apartment in a high rise building of Bangalore for which I got home loan financed from HDFC. I now wish to sell the property. At the time of registration I gave the Power of Attorney to my brother as I was not in India that time. My brother took care of the possession and the registration of the house. I would like to know if I want to sell this apartment, do I need to transfer or change the documents in my name as all the registration documents include my brother's signatures?
I purchased an apartment in a high rise building of Bangalore for which I got home loan financed from HDFC. I now wish to sell the property. At the time of registration I gave the Power of Attorney to my brother as I was not in India that time. My brother took care of the possession and the registration of the house. I would like to know if I want to sell this apartment, do I need to transfer or change the documents in my name as all the registration documents include my brother's signatures?
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The registration and sale of the property by your brother on the basis of the Power of Attorney executed by you is merely as an agent on your behalf and as such there is no requirement of you changing any documents in connection with the apartment acquired by you through your brother and on the basis of the Power of Attorney executed by you in favour of your brother.
Legal
#attorney#flat#ownership
If I give power of attorney of my flat to somebody then if I die will the ownership of my flat go to my wife or to the person who has the power of attorney of my flat?
If I give power of attorney of my flat to somebody then if I die will the ownership of my flat go to my wife or to the person who has the power of attorney of my flat?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
A power of attorney executed without consideration becomes redundant on the death of grantor and the flat would belong to the legal heirs of the party in the event of his/her having died intestate.
Legal
#flat#construction#payment#paid#builder
We are planning to buy a flat that is under construction. The seller has completed the payment till 80% of the value and the other 20% is to be paid by the builder whenever it is due. The seller is an NRI and he has already furnished the power or attorney for this project. My queries is that Can the builder claim the 20% as this flat is being transferred (the amount is not due yet)? Also, what would be the taxes to be considered as the owner is an NRI, will I also have to deduct TDS?
We are planning to buy a flat that is under construction. The seller has completed the payment till 80% of the value and the other 20% is to be paid by the builder whenever it is due. The seller is an NRI and he has already furnished the power or attorney for this project. My queries is that Can the builder claim the 20% as this flat is being transferred (the amount is not due yet)? Also, what would be the taxes to be considered as the owner is an NRI, will I also have to deduct TDS?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Since there is balance amount to be paid under the agreement with the Builder, the NOC from the Builder will be required for concluding the sale. However, the Builder cannot demand the balance 20% amount if it is not due, merely because the buyer desires to sell the flat.
Legal
#purchase#attorney#alternate
I wish to purchase a house in India, I am of indian nationality, but live in Tanzania. Can my mother purchase it in my name through power of attorney, as I won’t be able to be physically present for a long time. Are there any alternate ways of doing this?
I wish to purchase a house in India, I am of indian nationality, but live in Tanzania. Can my mother purchase it in my name through power of attorney, as I won’t be able to be physically present for a long time. Are there any alternate ways of doing this?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, you can give a POA to your mother to conclude the sale on your behalf. The POA can be executed by you before the Indian Embassy in Tanzania or closest to you and the same can then be forwarded to India for adjudication and payment of stamp duty and thereupon your mother can utilise the same for concluding the sale.
Legal
#poa#transfer#property#transferred#ownership
When my mother passed away, a property which was in her name was transferred to the joint ownership of myself, my brother and my sister. I have given my father power of attorney for this property. Can it happen that my father transfers my share to my sister without my knowledge?
When my mother passed away, a property which was in her name was transferred to the joint ownership of myself, my brother and my sister. I have given my father power of attorney for this property. Can it happen that my father transfers my share to my sister without my knowledge?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the Power granted by you permits the father to transfer your share, then yes, he could transfer your share by virtue of the Power of Attorney.
Legal
#flat#bangalore#owner#attorney#relatives
Hi, I am planning to buy a flat in Bangalore but the owner of this flat is in US and he has given the Power of Attorney to his relatives. I wanted to know how safe is it to buy a flat in this scenario since the POA of this flat was made in New York's Indian Embassy. Does the owner have to locally register the POA here in India before executing the process of transfer and what will be the registration amount?
Hi, I am planning to buy a flat in Bangalore but the owner of this flat is in US and he has given the Power of Attorney to his relatives. I wanted to know how safe is it to buy a flat in this scenario since the POA of this flat was made in New York's Indian Embassy. Does the owner have to locally register the POA here in India before executing the process of transfer and what will be the registration amount?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
A power of attorey executed before the Indian Embassy in USA in a manner recognised in law and forwarded to India and duly adjudicated and stamped can be lawfully used to transfer the flat.
Legal
#kiran#land#worth#paid#payment
Kiran has bought a land worth 40 lakhs from Aman. Kiran paid 10 lakhs to Aman as advance payment and still owes Rs. 30 lakhs to him. They have a written agreement that states that if the remaining amount is not paid to Aman, Kiran's registration will be foregone. Kiran has given the Power of Attorney of the land (which is revocable) to Ram for Rs. 15 lakhs. Kindly advice, if it is possible for Ram to register the land in the name of his wife before the Power of Attorney is revoked by Kiran?
Kiran has bought a land worth 40 lakhs from Aman. Kiran paid 10 lakhs to Aman as advance payment and still owes Rs. 30 lakhs to him. They have a written agreement that states that if the remaining amount is not paid to Aman, Kiran's registration will be foregone. Kiran has given the Power of Attorney of the land (which is revocable) to Ram for Rs. 15 lakhs. Kindly advice, if it is possible for Ram to register the land in the name of his wife before the Power of Attorney is revoked by Kiran?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
No, the title of Kiran is itself incomplete and thus, any transaction by Ram in favour of his wife would be of no consequence and would not pass any title to his wife.
Legal
#villa#hyderabad#buying#attorney#buyer
I live in Houston, Texas. I own a villa in Hyderabad, someone is interested in buying it. Can I give the power of attorney to my mother and go ahead with this sale? The buyer is concerned about the validity of the agreement. I won’t be able to be there physically for a long time. What do I do about it?
I live in Houston, Texas. I own a villa in Hyderabad, someone is interested in buying it. Can I give the power of attorney to my mother and go ahead with this sale? The buyer is concerned about the validity of the agreement. I won’t be able to be there physically for a long time. What do I do about it?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, you can give a POA to your mother to conclude the sale on your behalf. The POA can be executed by you before the Indian Embassy in USA and the same can then be forwarded to Hyderabad for adjudication and payment of stamp duty and thereupon your mother can utilise the same for concluding the sale. The buyer would get good title if the transaction is concluded by your mother on your behalf a...
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Legal
#property#registered#attorney#poa
I have decided to buy a property that is registered with a couple and their daughter who is married and settled in USA. They have taken the power of attorney from her and are planning to do the sale. I want to ask if there will be any problem regarding this sale with the POA and if it is legal?
I have decided to buy a property that is registered with a couple and their daughter who is married and settled in USA. They have taken the power of attorney from her and are planning to do the sale. I want to ask if there will be any problem regarding this sale with the POA and if it is legal?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
A Power of Attorney if lawfully executed and registered as required under law and registered can be lawfully used for transfer of the property and any such transfer on the basis of such Power of Attorney would give good title to the purchaser.
Legal
#procedure#property#delhi#attorney
Is there a procedure to get new property papers made from the photocopy of the papers? The original papers have gone missing. This is about my house in Delhi that is in the name of my late father. Also, the property is on the power of attorney basis.
Is there a procedure to get new property papers made from the photocopy of the papers? The original papers have gone missing. This is about my house in Delhi that is in the name of my late father. Also, the property is on the power of attorney basis.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the Power of Attorney is registered, then you can apply for a certified copy of the same from the Sub-registrar of Assurances and can also make a offical police complaint to record the loss of the original POA. This alone can be your title document and no new document can be prepared based on the photocopy of the Original POA, unless the Grantor under the POA agrees to execute a fresh POA in...
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