Power of Attorney for sale of property in India

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.

This is the sample POA and it does need photograph.

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

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

Sealed envelope

There is no such requirement of sealed envelope. The government officer in India make up their own rules to harass and extract bribe.

So, its better you do what they say. You will need to pay bribe anyway at some point of time though, anyway.

Address of property on POA

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

Sale transaction should be done using 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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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

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.

@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

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.

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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?

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

Hi @Krish1

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

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?

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.

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!

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.