Is it vital for the proprietor of a flat to be in India for its sale?

My son lives within the US. We are joint homeowners of a flat right here. Is it potential to promote this flat with out his having to go to India?

—Name withheld on request

It is feasible to promote or switch the immovable property in India with out the proprietor (co-owner, on this case) travelling again to the nation.

For this, a particular or particular energy of lawyer (PoA) needs to be executed in favour of a member of the family, relative, trusted advisor or confidant within the state the place the immovable property is positioned.

This PoA ought to embody rights solely in relation to the immovable property in query. Such a PoA will get routinely revoked after the execution of the actual act for which it was granted and therefore is mostly most well-liked as a danger averse various. The PoA doc needs to be ready with the assistance of a lawyer/authorized skilled. Further, there may be per se no prescribed format for the PoA and it might be ready on both a stamp paper or plain paper as nicely.

The PoA ought to have all particulars of the immovable property together with {photograph} and KYC particulars of the executant (individual executing the PoA) and the lawyer holder (individual in whose favour the PoA is executed) together with the names, addresses and KYC particulars of two unbiased witnesses. The PoA must be first notarized after which apostilled by the state authorities involved within the US. Apostilling is finished on the places of work of the Secretary of State the place the applicant resides.

Thereafter, it’s advisable to have the particular PoA attested by the Indian consulate within the US together with supporting documentation similar to software kind, copy of passport of the applicant, proof of US visa standing together with fee of nominal statutory charges.

Finally, the particular/ particular PoA shall delivered in authentic to India, whereby it must be registered by the lawyer holder on the sub-registrar’s workplace and stamp responsibility shall be payable in accordance with the relevant state Stamp Act.

All this needs to be accomplished in a time-bound method, else it might run the danger of being misused. In explicit, registration with the involved land division of the state authorities inside 3 months of its execution.

However, since execution of PoA is a state-driven topic, the precise methodology could barely range from state to state.

Keshav Singhania is head, personal consumer, Singhania &Co.

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Updated: 11 Jul 2023, 11:10 PM IST