Results for #poa
Legal
#aunt#nri#process#poa#sell
Hi, we have a house which is joint-owned by my mother and my aunt who is a NRI. I wanted to know the process where my aunt can give POA to my mother, so that my mother can sell it.
Hi, we have a house which is joint-owned by my mother and my aunt who is a NRI. I wanted to know the process where my aunt can give POA to my mother, so that my mother can sell it.
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Your aunt can execute a power of attorney before the Indian Embasy in the country where she resides and thereafter forward such power of attorney to your mother and who in turn can then have such POA adjudicated and pay stamp duty thereon and further have the same notarise before a notary public.
Legal
#poa#property#sell
I want to make a friend the POA for my property in Kolkata, to undertake procedural work and to sell this property later on. Will a POA typed and signed on a plain paper, attested by the local indian consulate be enough? Or does it have to be printed on an Indian stamp paper?
I want to make a friend the POA for my property in Kolkata, to undertake procedural work and to sell this property later on. Will a POA typed and signed on a plain paper, attested by the local indian consulate be enough? Or does it have to be printed on an Indian stamp paper?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
A POA typed on plain paper will do, however the same would have to be adjudicated once it is recieved in India and then stamp duty thereon will have to be paid, before the POA can be recognized.
Legal
#flat#nominee#owners#sell#poa
I jointly owned a flat with my wife and had made our daughter as the nominee. My wife passed away recently, so does this make me and my daughter the joint owners? Also can I sell it by taking the POA from my daughter as she is not in India? If this is the case, does the POA have to be registered? If yes, should it be done in India itself?
I jointly owned a flat with my wife and had made our daughter as the nominee. My wife passed away recently, so does this make me and my daughter the joint owners? Also can I sell it by taking the POA from my daughter as she is not in India? If this is the case, does the POA have to be registered? If yes, should it be done in India itself?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Nomination does not bestow title to property. After the demise of your wife, you and your daguhter become the joint owners of her share in the property (if there are no other children/heirs). You can obtain a General POA from your daughter for sale of the property. The POA can be executed by your daughter abroad before the Indian embassy and then forward the same to India for adjudication and p...
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Legal
#poa#flat
I have the POA of my brother's flat and we live in a joint family. Can I be a member with this apartment with this POA? Will I possess the right to vote in the apartment decisions? Also, can I be an active member of the apartment committee?
I have the POA of my brother's flat and we live in a joint family. Can I be a member with this apartment with this POA? Will I possess the right to vote in the apartment decisions? Also, can I be an active member of the apartment committee?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
No, POA does not permit you to be a member of the society and neither can you act as a committee on the basis of such POA.
NRI
#agreements#poa
If an NRI signs Loan Against Property agreements while being abroad, without the involvement of any notary, embassy or POA, are the agreements legally enforceable in India by any party?
If an NRI signs Loan Against Property agreements while being abroad, without the involvement of any notary, embassy or POA, are the agreements legally enforceable in India by any party?
Answered on November 08, 2017
No, these documents would not be enforceable in the courts of law in case of a dispute
Legal
#flat#bangalore#owner#poa#relatives
I am willing to buy a flat in Bangalore, but the owner is in USA. He has given the POA to his relatives and they are willing to do the sale deed. But according to Supreme Court norms the sale deed is not allowed through the POA. What can I do about this? Please suggest.
I am willing to buy a flat in Bangalore, but the owner is in USA. He has given the POA to his relatives and they are willing to do the sale deed. But according to Supreme Court norms the sale deed is not allowed through the POA. What can I do about this? Please suggest.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Sale Deed through Power of Attorney lawfully executed in the manner recognised by law is not barred and the judgment of the Supreme Court is in fact on the different issue altogther.
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
#reside#property#poa#provide
I reside in the US and wish to buy a property in India. Can I give my father the POA and execute this? If yes, could you provide a specimen on the same?
I reside in the US and wish to buy a property in India. Can I give my father the POA and execute this? If yes, could you provide a specimen on the same?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, if you are an Indian National, then you could execute such Power of Attorney before the Indian Emabassy and forward the same here for adjudication and payment of stamp duty.
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.
