Can power of attorney withdraw money in India?
Asked by: Dr. Ward Botsford V | Last update: October 14, 2025Score: 4.2/5 (20 votes)
As per the prevailing FEMA regulations, Indian banks, subject to compliance with applicable laws, may allow the following activities to be performed by your Indian resident Grantee through a PoA: Withdrawal for local payments or remittance of funds held in the NRE account to you through banking channels.
Can someone with power of attorney withdraw money?
Through the use of a valid Power of Attorney, an Agent can sign checks for the Principal, withdraw and deposit funds from the Principal's financial accounts, change or create beneficiary designations for financial assets, and perform many other financial transactions.
How to withdraw power of attorney in India?
- Prepare a Revocation Deed: Start by writing a Revocation Deed. ...
- Gather Supporting Documents: You might need more documents, like the original POA, your ID, and other important papers.
What are the limitations of power of attorney in India?
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
How can I give power of attorney to someone in India from USA?
Yes, US citizens can grant Power of Attorney for use in India. However, the document must be notarized in the US, attested by the Indian consulate, and comply with Indian laws to be legally valid.
How To - NRI Given Power of Attorney in India
How long is a power of attorney valid in India?
A POA is valid only during the lifetime of the principal. However, the principal can revoke/cancel it anytime, if required.
Is a US power of attorney valid in another country?
It is normal practice to authorise special powers of attorney abroad by signing a power of attorney document. If the document is being signed for use abroad, it must be notarised by a Notary Public in order to be accepted.
Can a power of attorney spend money on themselves?
An agent can only transfer money to themselves if the POA document explicitly allows it. Self-transfers without explicit authorization are generally considered a breach of fiduciary duty and can lead to legal consequences.
Can you sell a house with power of attorney in India?
Yes, a notarized power of attorney is valid in India. However, for certain transactions, such as those involving immovable property, it is advisable to have the power of attorney registered with the appropriate sub-registrar to ensure its legality and enforceability.
What are the disadvantages of a power of attorney?
- Potential for Misuse: The most significant risk associated with a POA is the potential for misuse by the appointed agent. ...
- Lack of Oversight: A POA grants considerable control to the agent without requiring oversight or approval from third parties.
Who can override a power of attorney in India?
The person who assigns power of attorney is known as the principal, and the person to whom the principal gives POA is the agent. The principal — that is, the person who assigned POA to someone (an agent) on their behalf — can revoke it.
What is misuse of power of attorney in India?
Misuse of Power of Attorney (POA) occurs when the individual granted authority, known as the agent or attorney-in-fact, abuses their powers or acts contrary to the best interests of the person who granted them that authority, known as the principal.
What are the rights of power of attorney holder in India?
Under the POA Act, the holder (or donee) of a power-of-attorney may, if he thinks fit, execute or do any instrument or thing in and with his own name and signature, and his own seal, where sealing is required, by the authority of the issuer (or donor) of the power; and every instrument and thing so executed and done, ...
What three decisions cannot be made by a legal power of attorney?
- Write a will for them, nor can you edit their current will.
- Take money directly from their bank accounts.
- Make decisions after the person you are representing dies.
- Give away your role as agent in the power of attorney.
Can a spouse withdraw money without permission?
Legally, it depends on the type of account you own. For joint accounts, in most cases either party can access all of the money. For your separate accounts, they would need more consent or authority. Ethically, it also depends on the agreements you two have about how to handle your money and bank accounts.
Can a power of attorney access bank accounts?
Advantages Of Having A Power Of Attorney
A POA grants agents authority to handle banking transactions, access funds, pay bills, and manage accounts.
How long is NRI POA valid in India?
The validity of Non-resident Indians' (NRIs) Power of Attorney remains for the entire lifetime if not explicitly cancelled by the principal or through the operation of law.
Can a power of attorney sell property and keep money?
Someone who is designated as your agent in a power of attorney has a fiduciary duty to you. That means they cannot make financial decisions or take actions with your money or accounts that aren't in your best interest.
How do I withdraw power of attorney in India?
Process of Cancellation of Power of Attorney
The following is the process to revoke or cancel a POA: The principal must draft a deed/notice of revocation of the PoA. The deed must mention the reason for which the POA is being revoked, the effective date of the revocation and the consequences of such an action.
Can a POA withdraw money from a joint bank account?
Yes, a POA can do anything the grantor can do. So moving money around is one of the powers that a POA holder has. is it legal if he didnt get her permission first? Yes, it is still legal... a POA can do anything the grantor can do..
Am I responsible for my parents' debt if I have power of attorney?
If you're a cosigner, then yes, you would be responsible, but that has nothing to do with being a power of attorney. So if you're serving purely as a POA for someone, their debts are your concern (because you need to decide how they're handled), but they aren't your personal responsibility to repay.
Can two siblings have power of attorney?
Legal frameworks typically permit multiple agents, including siblings, to hold power of attorney jointly. However, specific requirements and limitations vary by jurisdiction. It's essential for siblings to draft a clear POA document, outlining their roles and responsibilities.
How to give power of attorney from abroad to India?
Get the deed attested by the Indian embassy or consulate in that country. Any Notary from there can also attest it. The person making the deed, the Grantor, should sign the deed in all pages. This attested deed should be sent to a known person in Indian address by registered post or courier.
How long is power of attorney valid in the USA?
Generally, a power of attorney remains effective until you revoke it or until you pass away. However, there are situations in which a power of attorney can become invalid, such as if it is tied to a specific event or period of time, or if your agent becomes incapacitated or passes away.
What does power of attorney give you authority over?
A power of attorney gives one or more persons the power to act on your behalf as your agent. The power may be limited to a particular activity, such as closing the sale of your home, or be general in its application. The power may give temporary or permanent authority to act on your behalf.