I want to buy an apartment and i am told that the owner of the apartment is residing in the usa and has given a general power of attorney to his young brother to sell the apartment on his behalf. Will it be legally right, if i buy the said apartment from the person who has the general power of attorney of that apartment? Can i transfer that apartment to my name i mean, (sub-lease) sale deed to my name for the said apartment? Will it be legally ok if i pay the full price of the property through pay order to the attorney (the person who has gpoa of the said apartment)? Lastly, how long a general power of attorney stay valid or active, please specify in number of years? Your professional advice in this matter would be much appreciated. Best regards, younus shaikh
Refer to Power of attorney from overseas; it has a validity of 6 months. There is a long procedure that ensures its validity as;
1)- POA must be registered in said country’s embassy (check embassy stamp)
2)- Then Foreign Office stamp and verify it (check)
3)- to be registered with Registrar office (entry with Registrar and commissioner signature)
4)- Registration of POA with designated society / Housing authority
It’s totally legal to sell property through POA if above mentioned criteria fulfilled
I know it as already gone through this hectic procedure to sell a property. Believe me all verifications took 4 months whereas it remain valid for 6 months starting from embassy registration so active time restrict to 2 months
@ shaikhmy it is true the GPOA is valid for 6 months after issuance from the Pakistan embassy in that country. But once you get it registered from foreign office and ultimately from the Registrar's office in Court.
Note that to attest SPOA you need to get is attested from a Civil Magistrate (any class but not III class).
It has infinite life until the granter cancels it himself or dies etc. That 6 months period is to get all the relevant attestations to get it validated.
As it is a GPOA there must be:
1= foreign office attestation
2= treasury office attestation
3= registrar's attestation
it is better to get a copy of that GPOA and get it verified from a lawyer or you can go to the sub-registrar office in kachiri and verify it yourself. The lawyer will do the same but charge you for the visits and pain (you know how paki kachiris are)
some societies like DHA have their own procedures for issuing POAs so you can check with the society yourself regarding the authenticity of a POA.