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Can one person having POA buy property in different states


11-Mar-2023 (In Property Law)

A person living in UK want to buy some property in Bangalore and Kerala. The POA document, in favor of his brother living in Karnataka, is made and got attested with the consulate UK. Now the document received in Karnataka by Post. Now They want to register it. For buying the property in both Kerala and Karnataka, how we can register it in both states. Pls tell the procedures. Kindly advice

Answers (3)

Answer #1
940 votes
It is not clear whether the person who wishes to buy the property in Bangalore and in Kerala is Indian citizen or a British National?, the query is not clear on this aspect. For buying property in India firstly you have to be a Indian national , then the next questions could be answered.Otherwise if you are a foreign national then it would rerquire Reserve bank of India clearances.

Answer #2
986 votes
If this POA is registered in Bangalore, it would be sufficient to register any other immovable property that the executant desires to buy anywhere in India. I would call it adjudication rather than registration of the POA,
You can use this POA anywhere in India provided this clause is provided for in the General Power of Attorney, if it states that this POA will be restricted to Karnataka or Kerala, then it cannot be used anywhere else. this must be clarified first.
Answer #3
765 votes
Yes, in fact experts recommend that you give a PoA to a person resident in India so that he or she may complete formalities such as registration, possession, execution of agreement of sale etc. A PoA can be given to execute all contracts, deeds, mortgages, lease, sell and all matters relating to managing the property. However, at any given time, it would be better to give a specific power of attorney to any person, restricted only to a single action such as only purchase or only for lease. The power of attorney should be executed on a stamp paper or as per the requirement of the country where the PoA is executed. You must then get the PoA attested by any authorized official of the Indian Embassy/Consulate/Trade commissioner in that country.
Many times, when NRIs purchase properties, developers demand a PoA in their favour. You may choose not to give this PoA but it would lead to delays since all documents would have to be mailed to your foreign address. Giving a specific PoA would be a better option.
Having purchased a property, you will face several other challenges with respect to renting, managing or selling your property. We will explore all these in the next few columns.

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