Legal Question in Real Estate Law in India

Re: Power of attorney to sell house in Mumbai, India

Dear Madam:

Yes, the buyer is reasonable in his demand for a power of attorney with your photograph in the background. It is a genuine precaution that the buyer is taking. To overcome his request, you need not come to India all the way.

You can always make another special power of attorney with your photograph in that. Make it on a plain paper and get it notorised from any Notary Public or from Indian Embassy in state where you are residing. Then on receipt of the said power of attorney here in India, the same can be authenticated within 10days of its arrival with the office of Collector of Stamps. Once the collector of stamps has stamped it, then, it is as good a power of attorney as you personally have executed here in India. Any other question, please give facts.

The buyers doubts can also be clarified if he is asked to make the cheque amount in your personal name instead of your attorney. Then he may not need any other power of attorney and much time can be saved.

Regards

Bhushan Arya

Re: Power of attorney to sell house in Mumbai, India

in reply to your question as follows:

If the Power of Attorney is not revoked then it is valid until revoked. Generally the buyer will be hesitant to deal with power of attorney, as the real person will not be present, what if there is hitch from you later on, these things will go on in the mind of your property buyer.

It is not wrong to ask a photo affixed and sign afresh.

if he is asking for a new power of attorney then type on a 100 Rs. or 200Rs. stamp paper purchased in Bombay and ask your husband to send it by courier you can go before the Indian consulate and sign it before the Indian High commissioner, if that is not possible then go before the Notary in USA and swear it before him and sign he will notarize the same and ask him to put the Rubber stamp seal, not the embossed seal this will do to satisfy the purchaser. apart from it you can send an affidavit stating that I have not revoked the power of Attorney nor will you revoke the power of attorney. Best is talk to the buyer personally on the phone and correspond with him by e-mail, he will be satisfied.

Thankyou

B.Balasubramanya.

Advocate.

Bangalore

In case of emergency you can call me on phone 3347196.

Re: Power of attorney to sell house in Mumbai, India

Yes, the buyer's insistence on a power of attorney with your photograph is nou unjustified, and it is advisable to comply with same.

Execution of a new power of attorney in USA should not be a problem. You can do it, even on a plain paper, affirm it before a Notary Public or an Indian consulate/embassy official with his official stamp, and send same to your husband.

It can even be stamped in India after execution, if the buyer so insists, within 10 days of its arrival, by presenting same in the office of the collector of stamps