Can you sell property in India with power of attorney?

Can a person with Power of Attorney sell property?

Is property sale through power of attorney legal? In 2011, the Supreme Court ruled that property sale through power of attorney (PoA) is illegal and only registered sale deeds provide any legal holding to property transactions.

Can NRI sell property in India with Power of Attorney?

A Power of Attorney (POA) is a useful instrument for Non-Resident Indians (NRIs) who own a property in India. … As per the Registration Act, 1908, whenever an NRI sells or purchases a house property, both parties must be present physically while registering the transaction.

Can NRI give Power of Attorney?

“In India, the NRI can get the PoA executed in the Sub-Registrar’s office. However, the POA should be drafted on a non-judicial stamp paper of Rs 100 value. Also, two legal representatives and witnesses would be required to execute the deed. All the members should have their valid ID proofs and photographs.

How long is Power of Attorney valid in India?

Durable PoA: A durable POA remains effective for a lifetime, unless it is explicitly cancelled. A specific clause can be inserted in the document, stating that the representative’s power would remain valid even if the principal becomes incapacitated.

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Can NRI sell property in India without going to India?

If you are a Non-Resident Indian, you can sell the property to a Resident Indian without restrictions. If the buyer is a Non-Resident Indian or a Person of Indian Origin (POI), you may need the approval of the Reserve Bank of India (RBI). You are not allowed to sell the property to a foreigner.

How long is POA valid in India?

These certificates are valid for 30 days. As per a recent order of the inspector general of registration, the new rules are applicable to all POAs registered from February 4. By law, POA is not valid once the principal dies.

Is Power of Attorney valid internationally?

A POA executed abroad can be used in the United States as long as it is recognized as valid and abides by relevant state law. When the POA is executed, it must be signed at a “notarization appointment” in the presence of a notarizing official at a local United States embassy or consulate.

How can I give someone in India a Power of Attorney while overseas?

To make the Power of Attorney created from any foreign country as legally valid, one has to complete these formalities:

  1. The Deed has to be made on a plain paper and attested in the Indian Embassy or by a Notary from that country.
  2. The Grantor should place his/her signature in all pages.