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Power of Attorney

A complete guide to what "Power of Attorney" means in real estate and how it applies to property transactions in India.

Definition

A Power of Attorney (POA) is a legal document that authorises one person (the agent or attorney) to act on behalf of another person (the principal) in legal, financial, or real estate matters. It can be general (broad authority) or specific (limited to certain actions).

Use of Power of Attorney in Real Estate

In Indian real estate, POAs are commonly used when the property owner is an NRI or is unable to be physically present for registration. However, property sales executed solely through a general POA (without a registered sale deed) are not considered valid transfers of ownership, as clarified by the Supreme Court of India. Specific POAs for property registration should be attested by the Indian consulate if executed abroad.

Key Takeaway

Understanding "Power of Attorney" is essential for making informed real estate decisions. Always consult a qualified professional for advice specific to your situation.

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Disclaimer: This glossary is for educational purposes only and does not constitute legal or financial advice. Definitions may not reflect the most current regulatory changes. Please consult a qualified professional for guidance specific to your transaction.