I and my wife giving Power of attorney to my brother in India for sale of property


I and my wife live in US and jointly own a villa in Bangalore(Karnataka). I want to sell thw villa to a buyer who lives in Bangalore(Karnataka). My brother also lives is in Bangalore(Karnataka).

I am planning to prepare the POA in US, get it certified in Indian Consulate(USA) and send it back to India by registered post.

Based on my circumstances, can you kindly answer my queries below :-

  1. Can I and my wife both give the POA to my brother to conduct the sale transaction ?
  2. Do we need two separate POA; one from me to my brother and one from my wife to my brother ?
  3. Should I prepare SPOA rather than POA ? Which one is mandatory in this case ?
  4. Do I need to pay a significant fee to get the POA registered in the Sub Registrar office in Bangalore(Karnataka)?
  5. Are the rules very different with respect to POA in different states of India ?

If you can kindly clear my doubts, it will help significantly.
Thanks so much.

Hi Rajib, My husband & I are also planning on doing the same thing. Were you able to get the answers. Would appreciate if you could let me know.

Not here, but based on my CA is India, I got the answer.

I am preparing a single Special POA on plain paper and both of us giving the authorization to my brother.

I will send the reqd documents as per this site to NY consulate and get it attested and pay the appropriate.

Send the same to India and my CA would register the POA in India and sub registrar office.

POA then can be used for sale.

All answers are available on articles on am22tech but you need to read them.

Thanks Mr Anil for helping the community and people like us.

If you see, I have asked very specific questions and expected answers inline. These answers will help a lot of people clear their doubts.

We read hundreds of books and each one of us have our own interpretations. That’s why there is Q n A. People have doubts in their mind and they want affirmations. This is very serious matter and have both legal and financial implications. I see you keep referring to read your article, but it’s not helping. It’s a great article and I have read it n times. If you think it’s waste of you time please let someone else answer it. Thanks again and you are doing a great service.

There is a personalized paid service by am22tech if you want answers directly without reading the articles.

It depends on what you choose. If you expect everything for free, then you should be ready to read as well.

Why are you even assuming that I have not read the article ? It’s a great article but why so many people have questions ? There are obviously special cases and people want confirmation from you.

If it’s a matter of fee, please let me know how much I need to pay for those questions ? I am quite willing to pay.

Hi Anil
Thanks a lot for the POA details.I need some info.My husband is giving me a power to sell a land in india which is in his name. ( sole owner).We both hold indian passports and am planning to travel to execute this.

Is there any other docs needed apart from what you mentioned.Please advise.