Legal Question in Real Estate Law in India

I have a POA (Power of attorney) in State Bank's format given to my mother for completing the loan/registration of apartment when I travelled to India. Now I plan to rent the apartment to a tenant. Can my mother sign the rental agreement ( 11 month agreement) on behalf of me using the same POA? Please let me know what should be the denomination of stamp paper for this?

If my mother can't sign, can I sign the rental agreement on stamp paper while being abroad by getting/sending through post?


Asked on 1/15/11, 2:14 pm

1 Answer from Attorneys

Vishwa Arya Arya & Co.

Power of Attorney, as the name signifies, is the details of delegation of powers / authority given to an attorney (your mother) by an executant, that is you in the present case. If earlier power of attorney contains the power of renting the apartment, then fine or else, you will have to write another power of attorney by including the power to rent, collect rent, issue receipt, to get vacated on termination of the agreement etc... If you are not in India, then, let this power of attonrney be on a regular legal size paper, get it notarised then send to your mother by conventional post. With in a week of its receipt, your mother will have to take it to the office of Sub Divisional Magistrate of her area to get the process of stamping complete, for which she does not need the services of any other professional.

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Answered on 1/15/11, 8:23 pm


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