Power of Attorney for flat in India

sandeepinoc · Jun 26th, 2008, 23:53

Hi,

My parents transfered a flat in Mumbai to my name while I was an Indian citizen. I gave them a general power of attorney to enable registration of the flat & rental while I was an Indian citizen.

I am now a US citizen. I am applying for but not yet an OCI or PIO.

My parents need an updated power of attorney in order to renew the registration on the flat in Mumbai.

My questions : Can I send them a power of attorney from the US signed in front of a notary public ? Or does the POA document have to be signed in India ? Do I need to state in the Power of attorney document that I am a US citizen? And secondly does becoming a US citizen change my situation? (this is a flat, not agricultural land etc). Or do I need to sign the POA at the American consulate in Mumbai ?

Any help and advice would be very appreciated !

- Sandeep

Nick-H · Jun 27th, 2008, 00:04

Hello Sandeep, and welcome.

You need a lawyer.

There's all sorts of skills and knowledge floating around here, and you might even succeed in getting an opinion on this complex question. To the best of my knowledge, there are no practicing Indian lawyers on the site --- or if there are, they wisely keep it to themselves, because they came to join a travel site, not another place to work

OK... here's my opinion: Get your parents to sort it out with an advocate in Mumbai.

But, just for curiosity: why would a registration need renewing? Surely it done once and forever for a given transaction?

sandeepinoc · Jun 27th, 2008, 00:13

Hi Nick,

Thanks for your quick reply. I will definitely follow up with a lawyer, but, wanted to get the opinion of people on the forum first.

My parents rent out the flat. To register their rental documents they provide the power of attorney from me. So far, they have used the general power of attorney I've given them. However, going forward, the registrar requires a specific power of attorney that indicates rental.

KABAARY · Jun 27th, 2008, 00:20

Quote:

the registrar requires a specific power of attorney that indicates rental

Strange...

Nick-H · Jun 27th, 2008, 00:36

Thanks for the explanation.

Jun 26th, 2008, 23:53	#1
sandeepinoc Member Join Date: Jun 2008 Location: Newport Beach, California, USA Posts: 2	Power of Attorney for flat in India Hi, My parents transfered a flat in Mumbai to my name while I was an Indian citizen. I gave them a general power of attorney to enable registration of the flat & rental while I was an Indian citizen. I am now a US citizen. I am applying for but not yet an OCI or PIO. My parents need an updated power of attorney in order to renew the registration on the flat in Mumbai. My questions : Can I send them a power of attorney from the US signed in front of a notary public ? Or does the POA document have to be signed in India ? Do I need to state in the Power of attorney document that I am a US citizen? And secondly does becoming a US citizen change my situation? (this is a flat, not agricultural land etc). Or do I need to sign the POA at the American consulate in Mumbai ? Any help and advice would be very appreciated ! - Sandeep

Jun 27th, 2008, 00:04	#2
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 25,832	Hello Sandeep, and welcome. You need a lawyer. There's all sorts of skills and knowledge floating around here, and you might even succeed in getting an opinion on this complex question. To the best of my knowledge, there are no practicing Indian lawyers on the site --- or if there are, they wisely keep it to themselves, because they came to join a travel site, not another place to work OK... here's my opinion: Get your parents to sort it out with an advocate in Mumbai. But, just for curiosity: why would a registration need renewing? Surely it done once and forever for a given transaction? __________________ . Just one member of the IndiaMike Mod Team

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Jun 27th, 2008, 00:13	#3
sandeepinoc Member Join Date: Jun 2008 Location: Newport Beach, California, USA Posts: 2	Hi Nick, Thanks for your quick reply. I will definitely follow up with a lawyer, but, wanted to get the opinion of people on the forum first. My parents rent out the flat. To register their rental documents they provide the power of attorney from me. So far, they have used the general power of attorney I've given them. However, going forward, the registrar requires a specific power of attorney that indicates rental.

Jun 27th, 2008, 00:36	#5
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 25,832	Thanks for the explanation.

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