How to sale Joint Property - Only one owner available for registration?
2 years ago
Hello team - Me and my wife are overseas. Due to visa and COVID situation, she cannot travel to India. We own a joint property (apartment) in Bangalore. Only I can travel. Are there any approvals/documents that I need from her to travel by myself and complete property sale/registration?
Get POA of your wife and execute sale deed by yourself. Such sale deed will be represented by yourself and also on behalf of your wife which is valid and executable. For more details please seek guidance of local advocate.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Please respond my answer
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A power of attorney can be issued by your wife. Registration is must for of power of attorney, as under Section 17 of the Indian Registration Act, 1908 it is required that all non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest. subsequent to that you can sell your property.
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She has to execute a General Power of Attorney (GPA) in your favour to authorize you to be present at the time of execution of the sale deed in the office of sub-registrar to execute the sale for and on her behalf. The GPA can be executed in a different state but it has to be registered. The stamp duty can be told only by a local lawyer as it is different in every Indian state.
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A.If only you can travel then you can ask her to execute a Power of Attorney (PoA) in your name which you can bring with yourself and after going through certain formalities here for the said PoA you can execute the sale deed for yourself as well as for your wife.
Read a blog on NRI Power of Attorney for sale of property in India.
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