USA Special Power Of Attorney format to authorize a person to sell property in India by legal heir - Download SPA

Format of Special Power of Attorney to sell share of property in India by legal heir through SPA Holder. Please fill the blank space and modify necessary information as per your requirement.

 

SPECIAL POWER OF ATTORNEY
(SISTER TO BROTHER)

Executant:
Smt. __________________ W/O. __________________, (Name after marriage) @ Ku. ________________ D/O. _________________ (Name before marriage), aged about __ years, Occupation: __________, R/o. _______________ __________________ _____________ OCI Card No._____________ issued on _______________, Passport No. __________.

Know all men and persons by these presents that the Executant named above do hereby nominate, constitute and appoint my real brother Shri ____________________, S/o Late __________________, aged about __ years, Occupation: _________________, Resident of __ ______, ____________ _________, Aadhar No. _______ ______, Mobile No. ______________ as my constituted agent or attorney for me, and on my behalf, to do cause to be done and perform any/all the following acts, deeds and things pertaining to all matters herein under mentioned, and all other incidental matters thereto, for and on my behalf, pertaining to the subject matters referred to this Special Power of Attorney.

 



That aforesaid Executant is the daughter of Late ___________ _______.

That Late _______ ______________ had expired on ______ at ______.

That the said Late ______________ had left behind the following legal heirs:

SL No. Name of Legal Heir Age Relationship with the Deceased
       

That there are no other legal heirs except these mentioned above.

That Late _______________ had purchased Flat No. ___________ total admeasuring ___________ Sq. Mtrs situated on _th Floor in the building constructed over Plot No. ________________ ____________at ______________ _____________ _____________, and bounded as under:-
 

(Give Description of the Property)

That title of the said property is in the name of Late __________________.

WHEREAS, the aforementioned Executant, as a legal heir of Late _______________ ______________, has the ownership right of Proportionate 1/4th undivided share and interest in the above said property.

AND WHEREAS, the aforesaid Executant wants to sell her Proportionate 1/4th undivided right, title, share and interest in Flat No. ___________ total admeasuring ___________ Sq. Mtrs situated on _th Floor in the building constructed over Plot No. ________________ ____________at ______________ _____________ _____________.

AND WHEREAS the Executant has decided to sell the aforesaid property and hence thereafter the Executant is required to execute the Agreement/(s) to Sell, Sale Deed/(s), Correction Deed/(s) or any other Deed of Conveyance, transfer, supplementary deeds of the aforesaid mentioned property and other related documents. However due to pre-occupation and other assignments it is neither possible nor convenient for the Executant to remain present before the Competent registration Officer/Authorities, Sub Registrar Office and it has therefore become expedient and necessary to appoint someone to admit the execution of the documents on behalf of the Executant in respect of the aforesaid deeds and documents.

NOW THEREFORE THE POWERS AND AUTHORITIES DELEGATED TO MY ABOVEMENTIONED ATTORNEY ARE AS FOLLOWS:-

1. To negotiate and settle, for the Sale/Assignment/Transfer of my 1/4th share of the afore said flat on the basis of the authorities granted herein on such terms and conditions to be decided and incorporated in the proposed Agreement/(s) to Sell or any other mode of sale transaction/(s) to be decided at the absolute discretion of my attorney.

2. To execute and register such Agreement/(s), Sale Deed, Correction Deed or any other Deed /(s) at his absolute discretion.

3. To receive the earnest money, part sale consideration and further installments.

4. To receive the full and final sale consideration of the property, in his name for and on my behalf and to give valid receipt/acknowledgement of such payments and give valid discharge thereto.

5. To deploy the sale consideration/payments received at his absolute discretion without any reference to me.

6. To register the Sale Deed/(s)/Deed of Assignment/(s)/Deed of Transfer/(s) as the case may be for my share in the above said property before the appropriate Registering Authority/(ies) in favour of any person/(s), entity/(ies) to be decided at the absolute discretion of my attorney.

7. To give valid and legal effect to such transactions by making compliance to requisite administrative, revenue and legal norms and formalities as may be required in law or requisitioned by relevant concerned government or semi government authority/(ies).

8. To convey, transfer and assign a clear marketable title pertaining to the said property/(ies) in favour of the prospective purchaser/(s), Assignee/(s) and Transferor/(s) etc.

9. To interact with the necessary government, semi government, quasi government or local authorities for any matter/(s) concerning my share of above said property/(ies) or that may be acquired in future to administer the same in the right perspective.

10. To file all such representations, applications, assurances, declarations, affidavits, indemnities and any other relevant requisitions that may be necessary in law or to administer and effectuate the validity of such documentation for the purpose for which it is executed.

11. And/or any other sub-ordinate authority/(ies) of such organization/(s), department/(s) as the case may be and all such government or semi government authority who have jurisdiction and governance over matter/(s) incidental to the holding, acquiring and selling/ assigning/ transferring such immovable property/(ies). This includes all legal and statutory authority/(ies) having jurisdiction over such matters.

12. That my said attorney shall be entitled to discharge all relevant revenue dues demands and charges that maybe leviable and/or payable in respect of any revenue matters pertaining to my aforesaid stated immovable property.

13. That my attorney shall be entitled to execute and register a Deed of Correction to any of the transaction conceptualized in this Special Power of Attorney whether it is Agreement/(s) to Sell, Sale Deed/(s), or any other registered documents that in his opinion is essential for effective transaction/(s).

14. That my attorney is also authorized to execute any of such transactions referred to above in which I may be required to execute the said transaction as a Confirming/Consenting Party.

15. That my attorney/(s) is authorised to make compliance to all relevant/requisite requisitions made by the registering authority or which may be required to be complied with as per rules, regulations and law for the time being in force.

16. To delegate all aforesaid powers and authorities to any person/(s) at his absolute discretion with any other additional powers to be decided by my said attorney by executing and registering a fresh Special Power of Attorney.

17. The essence of giving these powers and authorities to my attorney is to enable him to do cause to be done or performed all acts, deeds and things which he feel is in my interest in present or future without any challenge or dispute from anybody claiming through or under me and all such acts, deeds and things performed by virtue of the powers and authorities delegated herein shall be deemed to be right in their own judgment and conscience without any interference.

18. That the Executant shall be bound by all acts, deeds and things done cause to be done or performed by my attorney by virtue of this Power of Attorney.

19. And generally to do cause to be done and perform any/all necessary acts, deeds and things to give valid and legal effect the powers and authorities exercised by virtue of the authorities under this instrument.

20. That I do hereby agree to ratify and confirm to all other acts, deeds and things done cause to be done and performed by my said attorney by virtue of powers and authorities delegated under this instrument.

 

 


Hence verified and signed at _____________, USA on the ___day of _______ 2021.
 

Left Thumb Impression        Photo

Name _____________

EXECUTANT

Witnesses:

1. Name ___________ Signature    Thumb Impression   Photo

2. Name ___________ Signature    Thumb Impression   Photo

 

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Name:________________

POWER OF ATTORNEY HOLDER