Power of Attorney for sale of property in India

India
1

Hi,

Thanks @Anil.Gupta for your guide
I have been searching information about POA and have been calling India about this.

I’m planning to sell a property in India and want to give POA to my father-in-law, and at that place as you said in another post people are making up their own rules about POA. Don’t know if mine is going to be accepted.

  • Should I give general POA or specific to that property, in case I would be needing second POA to manage another property.

  • I read some post there is mention of passport photos the sample from special-power-attorney-sample/ doesn’t have any mention of it, is that on application for embassy, if you have any other format could you share.

  • I read somewhere that the POA should be posted in a sealed envelope to be opened in-front of sub-registrar, is that right

  • Is address of property is enough or do I have to mention sale deed number and any other details.

Thank you.

2

This is the sample POA and it does need a photograph.

Here is how you have to get PoA attested by the Indian embassy.

The attested POA needs to be registered in India before it can be used to buy or sell the property.

Sealed envelope

There is no such requirement for a sealed envelope. The government officer in India makes up their own rules to harass and extract bribes.

So, it’s better you do what they say. You will need to pay a bribe anyway at some point in time though, anyway.

Address of property on the POA

I strongly suggest writing the address of the property on the POA and make it specific to the property.

Sale transactions should be done using the special power of attorney which means that you should write as many details as possible about the property on the PoA.

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3

Thank you.

Just reread the post again.
Is SDM different from Sub-registrar. From the page it does clearly say that but I wanted to make sure.
If POA done in India at Sub-registrar it would not take 15 days but at SDM it would?

Cheers

4

Hi @kanna

There is no fixed time frame for anything in India. You have to check with your local SDM office or Sub-registrar office to see how much time they take.

5

@Anil.Gupta

Firstly, hearty thanks for the great work you are doing here. I have few questions regarding POA attestation & registering.

  1. Can my wife & I give the power of attorney to my father-in-law in one POA document? Is there any restriction of giving POA to parents or brothers only?

  2. I live in Arizona and is apostling the document mandatory?

  3. Also I am not planning to go to SFO consulate and planning to send my documents including copy of our passports and copy of application for services form and cashier’s checks. Is there anything which I need to worry about in this mode of correspondence?

Thanks in advance,
Naveen

6

I am sharing links to your questions that i have answered earlier:

You need to send original passport and original POA by postal mail and copies of other documents. Original passport is mandatory.

1 Like
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2 posts were split to a new topic: Sell Flat using POA and collect Payment, pay Tax using father’s name?

9

Hello there,

I am an NRI in US and hold property in India. I want to give a POA for this property to my husband who is also an NRI. He frequently travels to India and so it would be convenient.

Please let me know the process for the same. Can a POA be given from one NRI to another NRI.

Thank you

10

Hi @Krish1

You can give POA to another NRI. Here is the process:

11

Thank you for your response!
But how about the registration part in India as they need the India address for the POA holder? Is my understanding correct?

12

As per my information, NRI does not need to register in India as they may not have an address there. If you want registered POA, then you would need to have someone from India to have POA rights.

13

In that case would that be considered a valid POA in case of legal matters. Like when he goes there would he be able to sell that property without registering the POA?
Thank you!

14

Hi @Krish1

The registration requirement varies by each state and the person who is buying it.

You have to check with the state laws and preferably the property lawyer if they accept the attested POA or registered POA.

15

I am not sure if I am addressing Mr Anil gupta. I have looked at the province requirements (AP and karnataka) and the rules for an NRI to execute a Special/General POA do not mandate that it should be attested by Indian embassy in the other country.

An attestation by a Notary and two witnesses is acceptable.

Also affixation of photo on the POA is also not stated in the rules.

I am making this statement as I recently executed a Special POA for selling property in Karnataka and it went thru without any issues.

I executed a special POA in front of a notary in Canada, with two witnesses present, no photograph on the POA etc.

I will appreciate if Mr Anil Gupta can direct me to the specific clauses in any of the Province’s requirement for the mandating of Embassy attestation and photograph.

I am not challenging anyone but merely stating my experience, no offence meant to anyone-regards

16

Hi @suryavaranasi

The POA requirement vary greatly with each Indian state and the recipient.

It is okay and good to know that you got the work done without attestation.

Thanks for sharing.

17

Dear Mr Gupta,

Thanks for your quick response.

May be my message was not clear. I did not say that my POA was unattested. It was attested by a Notary public in my province of residence (Ontario, Canada) with two witness present, There was no mandate to get it attested by Indian embassy, nor was there a requirement of affixing a Photo on the POA.

I understand that each province has its own rules, and that too these keep changing and more importantly the local authorities, impose their own interpretation making the whole exercise frustrating. Luckily I did not encounter any such road blocks.

Thanks for maintaining such an informative web site which provides substantial information on various issues specific to NRI

Regards,

Surya Varanasi

18

Hi @suryavaranasi

I agree that there is no need to get Indian embassy attestation in many Indian states.

But, we have seen that some offices in India do not accept the local notary at all. Hence, i recommend to get Indian embassy attestation which is a safe option to avoid Indian government officer’s un-necessary harassment.

19

@Anil.Gupta
I need to get my special POA registered by the sub-divisional magistrate In India. I currently live outside India and have provided my father the POA. Its attested by the Indian embassy in the country I live. I am from a small city in India and the SDM have never done this before, so he is asking my lawyer to show the provision in Indian law where this process is recommended. Thanks a lot for your help.

20

Hi @phere

I do not know the Indian law provisions. You should consult an Indian lawyer if the SDM is such big non-sense there or just pay them money to get things done.

An SDM knows everything. I strongly feel that they are just trying to extract bribe.

21

Hi @Anil.Gupta,
Thanks for all the information you shared.
We have sent POA to India and gave rights to my father. but when he went to SDM office in India, SDM said I don’t have rights to registrar POA. The property is in Uttar Pradesh and my father address belongs to Rajasthan, In both places SDM said the same thing. Is there any other way to Register POA in India?