Q.1033 Sell property in India by

POA from Canada

Question: Hello, I have the following queries, would appreciate a response to the same My friend, his sister ( both are married now) and their mother are joint owners to an apartment in Mumbai and they want to sell it They are all currently in Canada and are OCI holders While all 3 have Pan cards , only mother has an aadhar • Mother intends to travel to India alone. Can only mother to sell the property? • Will a Power of Attorney be required if yes, how can she get the same from Canada? • Will the buyer buy basis a POA from one of the 3 joint owners? • What are the mandatory documents required for the sale ? Regards Ravi Answer: Regarding your questions: • Mother intends to travel to India alone. Can only mother to sell the property? o Yes! if she has a legally acceptable POA document from the other owners that satisfies the Sub-Registrar • Will a Power of Attorney be required if yes, how can she get the same from Canada? o For one of the three owners to sell, he/she will need POA from the other owners of the property. Yes, POA can be prepared in Canada. • Will the buyer buy basis a POA from one of the 3 joint owners? o Whether buyer will be willing to purchase on the basis of POA depends on the buyer. • What are the mandatory documents required for the sale ? o Basically proof of ownership to show that property being sold is indeed owned by the seller. For example, Sale/Purchase deed, proof of sellers identification, proof that there are no outstanding loans, taxes, society dues etc. If the buyer is taking a loan, banks demand many other documents, get a lawyer to help, especially if you are a non-resident. Aadhaar requirement is only for those who are eligible to get Aadhaar. Non-residents, foreigners are exempt as only residents of India are eligible for Aadhaar. NRIs going to Indian to sell their properties in India should take all documents related to the property with them so as to avoid problems during registration of property in India. Check with your lawyer before departure so your sale transaction is not held up due to lack of a document you may have left abroad.