Power of Attorney

#1 Jan 10th, 2013, 22:01
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  • cooldj is offline
#1
Hello.

I am an NRI and soon will be becoming Dutch citizen. My wife is NRI and she holds Indian passport. I am planning to buy property in India and for that I am thinking of giving Power of Attorney to my father-in-law.

Dutch consulate had mentioned that they will not attest POA of Dutch citizen. Till end of this month I have Indian passport. In this period they can give me POA attestation.

My question: In order to buy property while my citizen ship status is in transit, what should I do ?

1. Shall I get POA while I hold Indian passport (which can be done in 1 day) and send it to India ?
2. Shall I wait till I become Dutch citizen and then ...I do not know what to do with POA?
3. Shall I buy it on name of my wife but I will pay money, in this case do not know impact.
4. Shall I buy property on name of my wife and myself ? In that case how my citizenship status will have impact on this transaction ?

Please provide your advice - what is best way forward.

Thanks.
#2 Jan 10th, 2013, 22:34
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  • surinder20e is offline
#2
You like to buy property in India and Power of Attorney will attest through Indian Embassy. It take time and fees then this document attested in India and there are specific office in various cities who do that. When you Dutch citizen there will be limitations which property you can buy. Your wife who has Indian passport little easy for her to buy property in India but for Power of Attorney has same process. When you spending money land title should be your name. Other option your Father in Law can buy land and transfer to you.

But in money metter always good if you buy property it should be on your name.
Best Regards,
#3 Aug 6th, 2013, 06:04
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  • Mountainview is offline
#3

Power of Attorney

Please may I have your valuable opinions for a friend - couple who is buying property in North India - an apartment

1. Is it possible for only Either the husband or wife to come and register the property
and either one of them give their spouse the Power of Attorney to do the registration so that both names will appear on the sale deed document.

2. If this is not possible can the spouse's name be added onto the sale deed at a later date - is that more expensive or not possible.

This is for an apt in N. India.

The friend both husband and wife have OCI.

3.What do they need to get from the builders is it straight forward or a lawyer is required.

4. Also the builder had mentioned in the documents that they will have the property ready a 1-2 years ago and states in the doc that they will compensate for the delay. Is this for real????

Appreciate your opinions the couple are not familiar with all the Power of Attorney rules

Thank you
#4 Aug 6th, 2013, 17:28
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  • Nick-H is offline
#4
A lawyer is required to answer these questions, let alone anything else. You/they must get professional advice on this.
#5 Aug 6th, 2013, 17:35
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  • nycank is offline
#5
Quote:
Originally Posted by Mountainview View Post This is for an apt in N. India.
Each city, State has different rules for matters involving incorporation of Co.Hsc. Soc. It is clear that your friends have no clue, they need a Real Estate Attorney in the city/town/tehsil/District they intend to buy.
#6 Aug 6th, 2013, 21:33
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  • Mountainview is offline
#6
Thank you Nich-H and Nycank for your suggestion
#7 Aug 9th, 2013, 00:00
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  • Mountainview is offline
#7
Hi Imers
Regarding POA
The owners contacted the builder they in turn contacted their lawyer and went to some court - they said it could be done.

One must get their Passport and visa verified by the lawyer and the Indian High Comm in the country they live in and then bring it to India.

Some documentation and paperwork are required it takes 2 days they said.

Other suggested getting a will made in India and name the spouse who is not on the sale deed in the will. - not sure how this works.

Just thought I would share the feedback
Thank you again for all your kind help
#8 Aug 9th, 2013, 00:52
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  • Nick-H is offline
#8
Quote:
The owners contacted the builder they in turn contacted their lawyer and went to some court
I would advise never taking the advise of somebody else's lawyer, especially if the somebody else is a possible party to an agreement.

Wills? A will is as valid until it gets torn up or another one is made.

But you too are just an external observer here. The purchases must look after themselves in the end.
#9 Aug 10th, 2013, 01:42
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  • Mountainview is offline
#9
Thank you Nick-H for your suggestions yes I am just an amateur just gather info.
Yes the lawyer info was useful - a local in place of residence was contacted he said it is possible - to get a general power of attorney

also suggested to get the wording of the GPA done from india as every word in its finest detail is important. And it should say "or survivor" after both the spouses names.

The GPO which we do overseas will differ in the wording.

This will be better than a will.

Thank you for your suggestion - appreciate it - learnt a lot in the process.

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