Legal Question in Real Estate Law in India

We are concluding a purchase of a property, but seller is NRI and given a email authorisation to his aunt residing in India to sign on his behalf on Agreement of Sale. Is this email authorisation valid legally or not in India??????


Asked on 9/20/10, 10:42 am

2 Answers from Attorneys
Saratchandra Sivalenka Hyderabad Lawyer for NRIs

NRI would need to execute a Power of Attorney appointing his/her aunt. The Power of Attorney needs to be attested by Indian Consul with jurisdiction over NRI's residence.

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Answered on 9/20/10, 12:48 pm
Vishwa Arya Arya & Co.

no, under the information tech act, an email cannot take the place of otherwise legally required deed. the buyer will have to execute a power of attorney executed abroad and attested by Indian consulate and then within a wk of POA coming in india it has to be adjudicated upon by the Collector of Stamp

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Answered on 9/21/10, 9:46 am


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