Your sister should give particular authorization

I’m going through the sale of the property of our late father who passed away in 2018. We performed the property mutation on behalf of my mother, my older sister and myself (we are two siblings). My sister moved to the UK where she works and lives. We have a buyer in India who has made an advance payment on the property and needs a Power of Attorney to progress and close the deal. I would appreciate your guidance on this.

– Shashank

According to the details provided, we understand that your mother, older sister, and you are the only legal heirs to your late father who are co-owners of the property in question and are now selling the immovable property to a buyer. It is assumed that the consideration in the proposed transaction will also be shared among all three of you.

Since your sister lives in the UK, she is required to give a specific power of attorney to be apostilled in the UK (a kind of certificate). The power of attorney can be given by your sister either on behalf of your mother or yourself to execute, approve and register the sales deed and then to present and register the sales deed and other related documents at any time to sell the property in question.

Once the apostilled power of attorney has been brought to India, it would need to be stamped and signed with the appropriate stamp duty in accordance with the applicable state stamp law. This power of attorney is then required so that the deed of sale is executed by the prospective buyer and registered before the relevant sub-registrar with the relevant jurisdiction.

Aradhana Bhansali is a partner at Rajani Associates. Questions and views to [email protected]

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