Can a US citizen give power of attorney to someone in India?

Asked by: Clara Turner II | Last update: November 14, 2023

Score: 4.4/5 (25 votes)

Yes, such a Power of Attorney will be acceptable in India. However, it will depend on the state-to-state basis as each of the Indian states have a separate and distinct procedure. The general process is a specific Power of Attorney that will first have to be executed and attested by the Indian consulate in the USA.

Can OCI give Power of Attorney in India?

Steps an NRI or OCI/PIO can follow to send PoA:

Provided that the granted authority is notarized and apostilled, the emigrants can entrust their certain powers. They should remember that the mandatory certificate attestation services must be carried out by the Indian Consulate or Embassy.

How can I send Power of Attorney from Canada to India?

Your Attorney will need to register the Power of Attorney in the offices of the Sub-Registrar of the relevant area in India. Your Attorney will be required to present and submit evidence of his/her identification alongside the Power of Attorney. A small fee will also be payable to process the document.

Can I give Power of Attorney to anyone in India?

How Do I Grant Power of Attorney to Someone in India from the U.S.? To be valid in India, the PoA needs to be attested by the Indian Embassy or any of the Indian consular offices in the U.S. This is possible either by appearing in person or making arrangements through the mail.

How can I execute Power of Attorney from abroad in India?

Draft: Prepare the draft in word format, a draft looks like below image.
Print: Print the draft on normal A4-size paper in the country you live in.
Attestation: Get the POA attested from Indian consulate or notary public in your country.
Shipping: Courier the attested POA to your attorney in India.
Adjudication:

How To - NRI Given Power of Attorney in India

21 related questions found

How long is the foreign power of attorney valid in India?

General Power of Attorney (GPA) remains valid till the life of principal or attorney, within they lifetime, one can revoke the GPA at anytime. GPA can be executed with duration validity, For example: for a period of 1 year, 5 year or till the specific transaction or legal task of which GPA was executed.

How can I get power of attorney in Ontario for India?

Indian nationals can prepare the POA with the help of any lawyer/legal expert on a plain paper. The POA is not necessarily to be made on a stamp paper, while the executor is residing abroad. Indian Nationals are not required to authenticate the power of attorney from Service Ontario.

Does power of attorney need to be notarized in India?

—The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before, and authenticated by, a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government, was so executed and authenticated.”

Can you give power of attorney online in India?

Requirements for a Power of Attorney

POA is signed and acknowledged before a notary public and is signed by two witnesses. The witnesses cannot include attorney-in-fact in case of a durable POA. In the case of an online POA, Aadhar card and ID card is mandatory. Also, the document should be notarized.

Can Indian embassy make power of attorney?

POWER OF ATTORNEY (PoA) by an Indian National

Consular Officer on behalf of the Consulate performs the notarial act of certifying a deed, contract or other documents including Power of Attorney (PoA).

What documents are required for power of attorney in India?

Documents Required For Power Of Attorney In India

Proof of the principal's identity, such as a passport, voter ID card or PAN card. Proof of the attorney's identity, such as a passport or voter ID card. Two witnesses will also need to provide proof of identity and sign the power of attorney document.

Can I sell property with power of attorney in India?

Is property sale through power of attorney legal? In 2011, the Supreme Court ruled that property sale through power of attorney (PoA) is illegal and only registered sale deeds provide any legal holding to property transactions.

Can I inherit property in India with OCI?

An NRI or OCI can inherit any immovable property (such as land or buildings) in India, whether it is residential or commercial. They can even inherit agricultural land or a farmhouse, which they are otherwise not entitled to acquire by way of purchase.

Can NRI sell property in India without going to India?

Digital India has indeed made our lives easy and this is one of such examples. An NRI can sell property anytime but he or she will need some documents like: Title of the property (which is in the seller's name) Occupation Certificate from the municipal corporation in India.

How to get power of attorney to sell property in India from USA?

You will have to make a power of attorney in favor of a trusted individual who can do the sale on your behalf. To execute a valid POA, the document must be notarized by a local Notary Public, legalized by the relevant Indian Embassy/Consulate, and then registered in India with the local land registration authorities.

Is power of attorney notarized in USA valid in India?

Yes, such a Power of Attorney will be acceptable in India. However, it will depend on the state-to-state basis as each of the Indian states have a separate and distinct procedure. The general process is a specific Power of Attorney that will first have to be executed and attested by the Indian consulate in the USA.

Should power of attorney be registered in India?

Even though it is not mandatory to register a power of attorney in India, it is advisable to get the POA registered in order to increase the authenticity of the document. Further, if a POA is executed in respect of an immovable property of more than INR 100 in value, then it must be necessarily registered.

Is power of attorney valid after death of owner in India?

At Last, the power of attorney becomes invalid after the death of the person who is granting the power. Also, the power of attorney becomes insolvent if the agent dies, files bankruptcy, or becomes incapacitated. So the answer to the question is the power of attorney valid after death is no.

Does POA need to be notarized in Canada?

Similar to a legal last will and testament, you do not need to have your power of attorney documents notarized for them to be legal. This applies to power of attorney documents in all provinces in Canada. However, there are a couple instances where you may want to include a notary.

What are the benefits of power of attorney in India?

It can give another person, however closely connected with the donor, a full and legal right to act on the donor's behalf as regards financial matters, medical matters, and more. With a Power of Attorney, others may act on your behalf without your direct oversight.

What is power of attorney rule in India?

—Any person making or doing any payment or act in good faith, in pursuance of a power-of-attorney, shall not be liable in respect of the payment or act by reason that, before the payment or act, the donor of the power had died or become 5*** of unsound mind, 6*** or insolvent, or had revoked the power, if the fact of ...

How much does a lawyer charge for power of attorney in India?

It will be called as "Power of Attorney for Consideration 0.5% (subject to a minimum of Rs. 1,000/-and maximum of Rs.

Can NRI give power of attorney to buy property in India?

An important point to note here is that the NRIs can use a specific POA if they want to authorise a person to buy or sell a property on their behalf. However, the POA must necessarily be registered in India after the payment of stamp duty.

Can NRI buy property in India without power of attorney?

Power of attorney: NRIs must provide a power of attorney in case they're not in India for executing the purchase transaction. Please note that you will need a special power of attorney which is registered and notarized and not a general power of attorney to execute a property transaction.