Registration using Power of Attorney
2 years ago
A flat in Uttarpara, Hooghly has to be registered. The first buyer stays in Ghaziabad (UP) and a cancer patient. She cannot travel. The second buyer stays abroad (Botswana) . Can they both grant Power of Attorney to someone in Kolkata for registering the flat.
A.Dear Client,
In the event of a First Buyer, a POA in favour of a Kolkata resident can be issued and registered in UP, but the Kolkata resident Attorney must complete specific procedural steps in Kolkata before sending the POA to the UP-based Principal for proper registration. In the case of a second buyer, the POA must be sent to Botswana for apostille, either before the Indian Embassy in Botswana or before the Notary, after being drafted by a lawyer in accordance with all the requisite terms as required for any registered POA in West Bengal.
Thank you!
In the event of a First Buyer, a POA in favour of a Kolkata resident can be issued and registered in UP, but the Kolkata resident Attorney must complete specific procedural steps in Kolkata before sending the POA to the UP-based Principal for proper registration. In the case of a second buyer, the POA must be sent to Botswana for apostille, either before the Indian Embassy in Botswana or before the Notary, after being drafted by a lawyer in accordance with all the requisite terms as required for any registered POA in West Bengal.
Thank you!
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Myself a lawyer of Calcutta High Court and proficient in property registration is residing at Uttarpara, Hooghly. In this context two separate Power of Attorneys are required to be made.
In case of First buyer that POA in favour of a Kolkata resident can be executed and registered in UP but the Kolkata resident Attorney has to do certain procedural things from Kolkata and has to send the same to UP based Principal for registration of that POA in proper manner so that the registered POA can be used in valid manner in West Bengal for such property sell and that POA must contain the relevant property details and all the necessary terms as is necessary for any registered POA in West Bengal.
In case of Second buyer, such POA after being prepared by lawyer as per all the necessary terms as is necessary for any registered POA in West Bengal, has to be send to Botswana for either apostille it either before the Indian Embassy in Botswana or before the Notary Public therein following all the procedures as may be necessary and thereafter with the envelope of Indian Embassy or of the Notary Public that duly apostilled POA by post or through Courier requires to be send to the Kolkata based Attorney and after proper authentication of that foreign POA in Kolkata from the appropriate authority, that POA can be used at the time of registration of that Flat. Please take note that without proper authentication from the appropriate authority Foreign POA cannot be used for registering the property in West Bengal.
In case of First buyer that POA in favour of a Kolkata resident can be executed and registered in UP but the Kolkata resident Attorney has to do certain procedural things from Kolkata and has to send the same to UP based Principal for registration of that POA in proper manner so that the registered POA can be used in valid manner in West Bengal for such property sell and that POA must contain the relevant property details and all the necessary terms as is necessary for any registered POA in West Bengal.
In case of Second buyer, such POA after being prepared by lawyer as per all the necessary terms as is necessary for any registered POA in West Bengal, has to be send to Botswana for either apostille it either before the Indian Embassy in Botswana or before the Notary Public therein following all the procedures as may be necessary and thereafter with the envelope of Indian Embassy or of the Notary Public that duly apostilled POA by post or through Courier requires to be send to the Kolkata based Attorney and after proper authentication of that foreign POA in Kolkata from the appropriate authority, that POA can be used at the time of registration of that Flat. Please take note that without proper authentication from the appropriate authority Foreign POA cannot be used for registering the property in West Bengal.
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