Legal Question in Real Estate Law in India

Sir,

I and my brother are staying in the U.S. We have a flat in Mumbai that we wish to sell.

The flat is in joint name that is, my name & my brother's name. We don't want to go to India to sign the sale deed & registration.

Can we both give P.O.A. to our friend to sell the flat for us & get the agreement registered on our behalf ? can our friend do the sale with the buyer even tough his name is not in the flat's Share Certificate ??

Please reply at your earliest.

Thank you.


Asked on 3/18/12, 5:40 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

at the same time, you should also hire a lawyer so that he has legal control over the sale and any unwarranted incident can be tackled legally.

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Answered on 3/20/12, 6:26 am
Shrichand Nahar S.V.Nahar, Advocate

You may give PoA.

However, be diligent and careful with regard to making appropriate provisions in Power of Attorney, including about receipt of price only by way of crossed account payee demand draft in your favour.

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Answered on 4/03/12, 9:47 pm


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