Can NRI buy property in India through power of attorney?

Asked by: River Jaskolski  |  Last update: November 15, 2023
Score: 4.4/5 (60 votes)

When buying a house, a person should choose a trustworthy power of attorney who can help them with the buying process. When looking to buy real estate in India, NRIs typically use the POA. Simply said, it is the authority (right) that a person (Principal) grants to an attorney (a legal representative).

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 do power of attorney in India?

A Power of Attorney is a legal document that NRIs can use to manage their immovable assets in India. However, it is recommended to exercise due caution and seek legal assistance to avoid issues later.

How can I send POA from USA to India?

Send the document to the Indian Consulate. If you are submitting the documents in person, you can sign it in the presence of the officer at the Consulate. You should carry your passport as well. The attestation service at any Indian Consulate is provided for Indian citizens only.

Can NRI buy property in India without POA?

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.

How To - NRI Given Power of Attorney in India

15 related questions found

Can a NRI buy property in India from USA without visiting India?

If an NRI wants to buy a property from the USA without visiting India, he/she needs to appoint a power of attorney member. A power of attorney holder should be trustworthy and reliable to you, as they are responsible to take decisions and sign documents on your behalf in India.

What are the rules for NRI buying property in India?

Types of Properties NRIs can Purchase in India

The Indian Government has not put any restrictions on the number of properties you can purchase in India. However, you must hold The capital amount to purchase the property in an NRI account, including sums received through inward remittances.

Can you sell property in India with power of attorney?

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.

How long is the power of attorney valid in India?

Also note here that a PoA has to be registered at the Sub-Registrar's Office to get a legal validity. Another important thing to note here is that a PoA remains valid only till the life of the principal. Within their lifetime also, one can revoke the PoA.

How can NRI sell property in India without coming to India?

1.Do a comprehensive evaluation of the property to find its market value or simply hire a broker or brokerage firm to do the same for you. 2. If one isn't physically available, a trustworthy person can be granted the Power of Attorney to carry out the sale, provided that all the necessary paperwork is there. 3.

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.

Is power of attorney valid without notary India?

Is It Necessary to Notarize a Power of Attorney? There is no specific mode prescribed for the execution of power-of-attorney. Yet it is not uncommon to notarize the execution of power of attorney. An aspect of notarization is governed by provisions of Notaries Act, 1952.

What are the new rules for NRI in India?

If an individual is physically present in India for 182 days or more during the relevant FY, they will qualify as a resident. Alternatively, if they are physically present in India for 60 days or more during the relevant FY and 365 days or more in the preceding four FYs, they will also qualify as a resident.

Can NRI with OCI buy property in India?

Q. Can an Overseas Citizen of India (OCI) card holder or NRI buy/sell real estate in India? A. As per the guidelines issued by Reserve Bank of India, an NRI or OCI card holder can invest in any residential or commercial property.

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.

What are the rights of power of attorney holder in India?

Order 3 Rule 2 of C.P.C specifies the Power-of-Attorney holder as recognized agents for the Party. Therefore Rule 2 empowers the power-of-Attorney holder who is authorized to act on behalf of the principal can appear, file application, engage advocates and act on behalf of parties.

Is power of attorney valid all over India?

General POA is valid all over the country except J & K. A general power of attorney gives wide powers to the agent to do various things on behalf of the principal, as detailed in the deed. It is not confined to any specific act relating to a specific subject. Tell him to reject on this point and file appeal.

What documents required for PoA in India?

Original and one copy of two witnesses' Valid passports with valid visa copies (BRP card) and copies of their proof of address. Original and one copy of Power of Attorney with one passport size photograph pasted on the last page of PoA near the place of executants' signature. Please keep original PoA separate.

How to register for power of attorney from abroad to India?

Documents required for Attestation of POA by Indian Embassy
  1. POA prepared documents along with copies.
  2. Original passport + copies of all non-blank pages including first and last page.
  3. Copy of Address proof in the country of your residence. ...
  4. Proof of legal status in the country of residence, such as visa etc.

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 the tax rate for NRI buying property in India?

If an NRI buys an immovable property in India from a resident, he must deduct TDS at 1%, if the sale consideration value exceeds Rs 50 lakh. On the other hand, if an NRI purchases a property from a non-resident, and if long-term capital gains (LTCG) are applicable, then TDS deduction should be at 20%.

How much tax on property in India for NRI?

When an NRI sells property, the buyer is liable to deduct TDS @ 20%. In case the property has been sold before 2 years(reduced from the date of purchase) a TDS of 30% shall be applicable. NRIs can claim exemptions under Section 54, Section 54 EC, and Section 54F on long-term capital gains.

Can US citizen own property in India?

If you're a US citizen and hold an OCI (Overseas Citizen of India) card, you'll be able to buy most types of property in India even if you're not living there. Key exceptions include agricultural land and properties, and plantations, which can't be bought by non-residents.

Do we need to register POA in India?

If a Power of Attorney is in respect to an immovable property of value more than ₹100, it is compulsory to get that registered for it to be legally valid. A POA must be authenticated by a sub-registrar or it must be notarized by the notary especially in the case where the power to sell land is granted to the agent.