Legal Question in Real Estate Law in India

Special power of attorney

Can a younger brother who resides outside India, appoint his elder brother as his power of attorney and at the same time relinquish his rights/share in the property devolved on him being one of the legal heir to the property, to the elder brother?


Asked on 10/05/07, 3:12 am

4 Answers from Attorneys

Re: Special power of attorney

Yes,he can appoint but to use that POA in India there are mandatory procedure and formalities which are required to be fullfilled, otherwise POA can not be used in India.POA holder can not execute relinguishment deed.In case of need contact with details.Professional charges are applicable.

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Answered on 10/05/07, 3:29 pm
Prabhat Shroff Shroff & Company

Re: Special power of attorney

Yes, a brother can be appointed as theconstotuted attorney.

For relinquishment of share, you need to gat a relinquishment deed signed and registered.

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Answered on 10/05/07, 3:21 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Special power of attorney

Yes you can release a POA in favour of your brother and get it registered.

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Answered on 10/05/07, 4:16 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Special power of attorney

If certain things pursuant to relinquishment like changes in revenue, municipal records etc. are yet to be effected, then you can take power of attorney also from your brother.

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Answered on 10/05/07, 4:53 am


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