Can we buy property from power of attorney in India?

Asked by: Aron Dibbert  |  Last update: November 13, 2023
Score: 4.1/5 (35 votes)

Justification For Power Of Attorney Execution
A resident Indian buyer should AVOID purchasing a property through an NRI who holds Power of Attorney. The ideal situation is for an NRI seller to be present in India at the execution of the selling deed.

Can power of attorney sell property to himself in India?

when a registered PoA authorizes the agent to make the transaction, he can certainly do so however, it does require the free will of the original owner. If the Power of Attorney holder is following all the legal procedures then he cannot be barred by law from selling the property to himself.

How much does power of attorney cost for property in India?

Stamp Duty for Power of Attorney

500/- is only applicable for registration. In case the General Power of Attorney (GPA) is given to a person other than a close relative for consideration, then stamp duty is chargeable as per the market value of the property concerned or the consideration value, whichever is higher.

How can I send power of attorney from USA to India?

Steps for Creating a Power of Attorney
  1. STEP 1: Write the power of attorney on plain paper. Sign the power of attorney. ...
  2. STEP 3: FOR PROPERTY AND FINANCES. ...
  3. STEP 4:FEES Pay the fee at the Consulate. ...
  4. STEP 5: Once your power of attorney is attested by the Indian Consulate/Embassy you can send it to India.

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.

Property on GPA (General Power of Attorney) - Is it safe? (Hindi)

20 related questions found

Can I sell my house in India from USA?

Is it possible to sell property in India if you are a Non Resident Indian (NRI) currently living in the US? The answer is yes, but the real estate process can be cumbersome. Often selling Indian property isn't the hardest part. Getting the funds to the US is tricky, and the sale may have unanticipated tax implications.

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.

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.

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 I cancel power of attorney from USA to India?

How to cancel general power of attorney for NRI?
  1. To cancel the power of attorney you need to follow a legal process, verbal orders will not be sufficient.
  2. Draft a revocation deed on a stamp paper. ...
  3. After Drafting the revocation of POA visit the nearest Indian embassy in your current home country. (

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.”

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 ...

Can NRI make 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.

Can power of attorney withdraw money in India?

General Power of Attorney (GPA), as the name suggests is a legal document that is prepared to give the holder the right to execute almost any transaction pertaining to legal or financial matters in India. He/she can perform any of the tasks mentioned above related to bank accounts, properties, investments, etc.

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.

How do I check if a power of attorney is valid in India?

In India, where the Registration Act, 1908, is in force, the Power of Attorney should be authenticated by a Sub Registrar only, (Whenever a person signs the document and his attorney presents/ admits execution).

How long is power of attorney valid in the USA?

Power of attorney typically ends upon the principal's death — or at a predetermined time in the case of a limited POA. If you wish to end it sooner, you have the option of revoking your POA whenever you'd like as long as you are mentally able.

Can NRI sell property in India through POA?

Utilizing the POA instrument, an NRI can conduct different real estate-related organizations in India, including sale, purchase, leasing, mortgaging, etc. Additionally, if a property is together held, it very well may be hard for all the co-owners to present themselves and complete an exchange.

How can I sell my house in India and bring money to USA?

Prior to transferring funds from India to the US you'll need to complete Form 15CB, and your bank will ask you to provide proof of the source of the money, such as a copy of the property sale agreement.

Can OCI sell property in India with power of attorney?

As per the Registration Act, 1908, whenever an NRI sells or purchases a house property, both parties must be present physically while registering the transaction. If the buyer or seller is not present to sign the documents, a trusted person can be appointed as the Power of Attorney.

Can I buy property in India if I am US citizen?

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.

Can OCI card holders own property in India?

Q: Can OCI card holders purchase property in India? A: OCI card holders can purchase residential and commercial properties in India. But they are not permitted to purchase agricultural land, including farmland or any kind of plantation property.

Can Indian with US citizenship buy property in India?

Yes, a Non-Resident Indian can buy property in India. This can be residential land, homes, or flats in India, but not agricultural land, plantation, or farmhouse properties.

What happens when a US citizen sells property in India?

You'll also usually need to pay tax on the sale, including capital gains tax. If you're selling a property as a NRI, the buyer will be required to retain tax deducted at source (TDS) of 20% of the capital gain in most cases. If you've owned the property for less than 2 years, you may need to pay 30% capital gains tax.