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Sister staying in USA how can she issue POA to purchase a property


10-Jul-2023 (In Property Law)
Sir / Madam I live in India and my sister lives in USA. we are jointly purchasing a flat in India. As the price of flat is more than 50 Lakhs, we may have to register agreements with the builder. Can my sister print the format of POA, sign it front of Embassy / Consulate official or any attorney / Notary there and courier it to me. OR I have to print the POA format on Rs 300 Stamp Paper and courier it to her. then after signing in front of Embassy / Consulate official or any attorney / Notary there and courier it to me. Should i adjudicate or register it in sub- registerar or majistrate office
Answers (2)

Answer #1
599 votes
Sister who lives in USA can execute a POA Deed in favour of one person who stays in India and can do the activiites of the executant for the purpose of the agreement. That POA DEED can be attested through the Embassy .
Answer #2
978 votes
A deed of power of attorney is framed complying with laws of both the countries involved. (In the present case USA and India) The deed is made sustainable to legal challenge by notarising it from the authorized officer in the Indian Consulate/Embassy.

Once the deed is executed from the embassy, it is sent to India for registration along with all the signatures and the payment of stamp fees according to section 2(17) along with schedule I of Indian Stamp Act, 1899. Once registration is done under the adjudication of the sub-registrar, the PoA should be sufficient for the purpose.

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