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The validity of POA notarized in the USA for sale of property in India
12-Sep-2023 (In Property Law)
Hi, I would like to send a POA to my sibling for the sale of property in India. We are joint owners of the property. I am getting the POA notarized in USA from a notary public and also getting it apostilled here in the US. The embassy here said that India being part of the Hague convention. an apostille is enough and no embassy attestation is required if an apostle is done by the state officials here. My sibling will then register the POA at the registrar office and get the sale done. Please let me know if this is fine.
Yes. Apostille certification is sufficient as per Hague convention. It has been accepted in the past in various sub-registrar's office. Your sibling may also do a quick check with the sub-registrar's office to make sure they don't create any issues later.
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Adv. Hema Srinivasan
Chennai | 25+ Answers
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With reference to your questions regarding the validity of power of attorney which is executed at Us. It has to be first appositiolte before the notary and also should get adjudication from the Indian embassy. By doing this both legal procedure it has legal sancity of this instrument.
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Adv. Mohamed Ashick
Chennai | 100+ Answers
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It is fine job done by you.If you get apostle or not, the POA can be registered along with your postal or courier cover.The registration fees of POA will vary state to state in India.You can verify with local document writer.
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Adv. Baskaran
Madurai | 25+ Answers
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Dear Sir, Gone through your query with regard to the selling of your half share of the joint property in India with your brother through POA. For registration of property through POA is restricted by the HC in India recently as there are so many fraudulent transactions are traced out. Hague convention and all is not applicable in your case. It all depends upon the decision of concerned registrar where the property is located. I would like to say, that you being a NRI, Embassy attestation is mandatory for doing any legal activities in India, including selling of property through POA, by your brother on behalf of you. And thereafter if you want you can notarize the same in order to show more authentic. Still as i said supra, it depends upon the discretion of the registrar. Pl contact me if u need further clarification. Thanks
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Adv. Manoj Raghuram
Madurai | 100+ Answers
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