Power of attorney
4 years ago
What is the procedure for NRI wife giving power of attorney to NRI husband when both of them are staying abroad. Both of them are joint owner of property in India. They now want to sell the property. The husband will come to India with the power of attorney to sell the property. Please advise.
A.Hello Client,
Yes, You can make your Husband your Power Of Attorney.
Although your spouse has some rights over property you own together, like joint bank accounts, they are restricted from doing certain things with that property. For example, generally, both spouses must consent in writing in order to sell the jointly-owned property. If you’re not able to sign such a document because you’re incapacitated or can’t be present, then to fix this problem, you may need a power of attorney to give your spouse more legal authority.
However, A Power of Attorney is governed by the law of the country where the actions of the Attorney will be performed. Normally, this is the place in which the property of the donor (ie person creating the power of attorney) is located.
Thanks & Regards
Yes, You can make your Husband your Power Of Attorney.
Although your spouse has some rights over property you own together, like joint bank accounts, they are restricted from doing certain things with that property. For example, generally, both spouses must consent in writing in order to sell the jointly-owned property. If you’re not able to sign such a document because you’re incapacitated or can’t be present, then to fix this problem, you may need a power of attorney to give your spouse more legal authority.
However, A Power of Attorney is governed by the law of the country where the actions of the Attorney will be performed. Normally, this is the place in which the property of the donor (ie person creating the power of attorney) is located.
Thanks & Regards
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Shreyash Mohta
Responded 4 years ago
A.A POA is a power given by one person to another person which can be a 'General POA' or can be a 'Specific POA'. In your case you should give your husband a 'Specific POA' which shall entitle him to sell the property in you behalf as if it is being sold by you without any objections thereof.
The husband shall thereafter come to India with this POA and sell the property in India to any person, lets say 'X' vide a sale deed made in favor of the purchaser (In our case it is 'X').
The proceeds of the same shall be given to your husband which is called the 'consideration amount' by way of the legal payment methods and your property will be sold to 'X' without any hassle.
Thanks & Regards
The husband shall thereafter come to India with this POA and sell the property in India to any person, lets say 'X' vide a sale deed made in favor of the purchaser (In our case it is 'X').
The proceeds of the same shall be given to your husband which is called the 'consideration amount' by way of the legal payment methods and your property will be sold to 'X' without any hassle.
Thanks & Regards
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A.Dear Sir,
Yes, wife can give Power of Attorney in favour of her husband to sell the property in India.
Yes, wife can give Power of Attorney in favour of her husband to sell the property in India.
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