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

Asked by: Alexie Schultz  |  Last update: September 6, 2023
Score: 4.8/5 (6 votes)

Draft the Power of Attorney deed online or hire a lawyer in India to draft it for you. 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.

How can I execute 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.

Can you do power of attorney online India?

Let me tell you how to make general power of attorney online in India. Submit the power of attorney with the Sub-Registrar. Attach the supporting documents with the power of attorney. Attest the power of attorney before the Registrar.

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 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 To - NRI Given Power of Attorney in India

17 related questions found

Can NRI make POA in India?

How to execute POA in India? “In India, an NRI can get the POA executed in the Sub-Registrar's office. However, the POA should be drafted on a non-judicial stamp paper of Rs 100 value. Also, two legal representatives and witnesses would be required to execute the deed.

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.

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 a US citizen sell property in India?

If you are a Non-Resident Indian, you can sell the property to a Resident Indian without restrictions. If the buyer is a Non-Resident Indian or a Person of Indian Origin (POI), you may need the approval of the Reserve Bank of India (RBI).

How can I get power of attorney attested by Indian embassy?

The Power of Attorney to be attested by the Consulate should be typed on a plain paper or on a Stamp Paper from India. The Consulate does not provide any Stamp Paper nor is it empowered to attest documents drawn on a Stamp Paper. All Powers of Attorneys should carry signatures and addresses of 2 (two) witnesses.

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 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.

Is a power of attorney from another country valid in the US?

Validate the Power of Attorney so that it is legally acceptable in the U.S. or any other foreign country (for a document to be used in the U.S. this means acquire an apostille certificate); Provide a certified legal translation. This can be done in Italy or in the the U.S.

Can an Indian lawyer fight a case in USA?

As per the rules, those who qualified from a non-common law jurisdiction, or who did not pursue a 2-year law degree, need to pursue an LLM degree in the US, to be eligible to take the exam. This is the option that most Indian lawyers choose to obtain the US qualification.

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.

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

There's not usually any US tax implication if you're sending money from the sale of a property you own in India to the US. However, depending on the amounts involved you may need to report this transfer using IRS Form 3520.

Can US citizen with OCI sell property in India?

So, coming to the main question – whether OCI Cardholder can buy, hold, transfer or sell immovable property in India without prior approval of the Reserve Bank of India (RBI)? Yes. OCI Cardholder is at parity with Non-Resident Indians (NRIs) towards property transactions.

Can an American inherit property in India?

Will: One of the ways that NRIs can inherit properties in India is through a Will. NRIs themselves can transfer the property to other NRIs by making through a Will. However, in the said circumstance, the permission of RBI will be required.

What is a good lawyer fee in India?

5 lakh to 25 lakh per hearing, and High Court Advocates charge around Rs. 3 lakh to Rs. 6 lakh per hearing. The legal fees vary from client to client as the advocates' charge according to the paying capacity of their clients.

Can power of attorney be given to anyone in India?

The power of attorney is the unilateral document wherein donor or the principal gives authoritative power to the agent by signing the document and the agent's sign is not always required. A power of attorney can be executed by any person who is competent to enter into a contract.

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.

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 NRI manage property in India?

Appointing a Power of Attorney (POA)

The POA can be a family member or a friend who is authorised to act on the NRI's behalf in India. The POA can perform various tasks, such as buying and selling properties, renting out properties, managing maintenance and repairs, paying property taxes, and handling legal disputes.

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.