Legal Question in Real Estate Law in India

power of attorney form

I have a property along with my son in india but we want to sell it off. Husband in India need a power of attorny, so that he can sell it


Asked on 6/25/06, 5:05 pm

5 Answers from Attorneys

Jayesh Desai Jayesh Desai

Re: power of attorney form

You require to issue a Special Power Attorney - which is reuired to executed by owners - you and your son - before Indian Embassy/High Commission - and sent to India - once it reaches India, ASAP it should be stamped with adequate stamps, to make it valid. Once this is done your husband will be able to act on your behalf - you shall also need to apply for PAN card before IT authorities to complete the sale transaction.

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Answered on 6/27/06, 8:47 am
Scott Diamond DIAMONDLAWYER

Re: power of attorney form

you ca either buy one or have an attny draft one. However, you need to check the law in India as to their requirements

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Answered on 6/25/06, 8:25 pm
BANKIMCHANDRA SHAH ADVOCATE DIGVIJAYA CONSULTANCY SERVICES

Re: power of attorney form

please let me know in which part of the country your property is ?

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Answered on 6/25/06, 10:51 pm
Prabhat Shroff Shroff & Company

Re: power of attorney form

If you can send me the particulars., I will draft the power of attorney and send same to you, of course for a fee

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Answered on 6/26/06, 12:47 am
Navin Kumar Naashree Associates, Advocates

Re: power of attorney form

Yes, your husband is right in asking a power of attorney in his favor. The said power of attorney is required to be executed jointly by you and your son in favor of your husband, expressly giving rights to sell the property. Since, you are not in India and the property to be sold is situated in India therefore the said attorney is required to be executed and countersigned before the Indian Embassy/High Commiossioner of the country you reside. It is advisable to draft or get it drafted a power of attorney as per your requiremnets.

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Answered on 6/26/06, 12:59 am


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