Giving someone power of attorney to sell an apartment in India Giving someone power of attorney to sell an apartment in India

1 month ago

Dear Sir, my cousin and his wife along with their two daughters visited the US in 2018 and received green card in 2021. Suddenly he passed away this month (March 3rd). As he used to maintain everything, his sudden demise has led her down a blind alley. She is in the want of money and can not immediately visit India. She needs to sell of an apartment where they used to stay in Kolkata. Can she appoint anybody who can sell that apartment on her behalf in Kolkata? What will be the procedure please? Please guide.

Anik

Responded 1 month ago

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A.Dear Client,

If you're not in India but need to execute a Power of Attorney (POA), the process is slightly different. Here's a general outline:

1. Visit the Indian Embassy or Consulate in your country. They will notarize the POA for you. Depending on the country, you may also need to get the POA apostilled. Apostille is an international certification comparable to notarization.

2. Once the POA is notarized and apostilled, send it to India.

3. According to the Ministry of External Affairs, Government of India, all POAs executed outside India must be consularized. This adds an extra layer of verification and is mandatory for the POA to be valid in India.

4. The POA then needs to be registered at the local sub-registrar office in India. This is typically done by an attorney or legal representative.

This process ensures that the POA is legally enforceable in India, even if executed outside the country. It's important to follow these steps carefully to ensure the validity of the POA.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear client,
If you’re not in India, you can still execute a POA, but the process is slightly different. Your first stop is the Indian Embassy or Consulate in your country. They’ll notarize the POA for you. Depending on the country, you may need to get the POA apostilled. This is an international certification comparable to notarization. Once notarized and apostilled, send the POA to India. According to the Ministry of External Affairs, Government of India, all POAs executed outside India must be consularized. This adds an extra layer of verification and is mandatory for the POA to be valid in India. The POA needs to be registered at the local sub-registrar office. This is usually done by an attorney or a legal representative.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear Sir,
Yes, she can appoint preferably blood relative as Power of Attorney and sell her property in West Bengal and according to the local laws prevailing there.
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