How long is NRI POA valid in India?
Asked by: Pablo Strosin | Last update: November 27, 2025Score: 4.5/5 (19 votes)
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.
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. Also, the POA stands null and void if the principal is declared insolvent or lunatic. The process of cancelling the POA is exactly similar to the execution.
Can NRI register POA in India?
Answer: Yes, an NRI can use Power of Attorney to sell property in India. The POA should clearly outline the authority granted to the appointed representative for property transactions. The document needs to be executed, registered, and notarized as per legal requirements.
What is the duration of power of attorney in India?
Durable POA is designed for a lifetime. Under this, the PoA agent has the power to take decisions even if the grantor becomes incapacitated/unfit to take decisions. Generally, a durable POA continues until the grantor's death or unless the grantor cancels the POA.
Is power of attorney made in USA valid in India?
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.
NRI Property sell through POA Attorney, What to check before you start
Can an OCI card holder give power of attorney in India?
Embassy will attest the PoA for such categories of applicants only after those are apostilled. However, there is no need for PoA to be apostilled for OCI/PIO card holders. Such applicants may follow the same procedure for Indian nationals and enclose a notarized copy of OCI/PIO while applying.
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.
What are the limitations of power of attorney in India?
The POA cannot act outside of the Principal's best interest. The POA cannot make decisions before the document comes into effect -- conditions will be outlined with approval of the Agent and Principal. The POA cannot be officially nominated unless the Principal is of sound body and mind.
Can I sell property with power of attorney in India?
Yes, you can sell property in India with a power of attorney, provided the power of attorney explicitly grants the authority to sell the property. The power of attorney should be registered and properly executed, ensuring that all legal formalities are met to validate the sale.
What are the four types of power of attorney?
A power of attorney (POA) is an estate planning document that grants another person, called the agent or attorney-in-fact, the authority to act on your behalf. In California, there are four main types of POAs, each offering a specific scope of decision-making power: general, durable, limited, and medical.
Does POA need to be notarized in India?
Registration of the notarized Power of attorney in Indian laws is important but not mandatory in India.
Can I open a bank account with a power of attorney?
When opening the account, the bank usually requires a legal power of attorney document and a photo ID. You may also need to fill out the bank's power of attorney form. Also, the account will usually be in the other party's name, but you will have authority over the account.
How do I register a foreign POA in India?
Notarise the PoA from an authorised officer of the Indian Embassy or have it apostilled by relevant officials in the given country; and. Subsequently, have the PoA stamped in India as per the relevant Stamp Act of the applicable state and registered, if required as per the relevant laws of the state.
Can NRI give Power of Attorney without coming to India?
The Power of Attorney can be executed in India or overseas where the NRI/OCI customer is residing. NRIs can use a specific Power of Attorney to authorise an individual to purchase a property in India, on their behalf.
How much does POA cost in India?
For a Special Power of Attorney in India, the standard stamp duty is Rs. 100. This applies regardless of the relationship between the principal and the attorney or whether any consideration is involved.
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.
Can I sell a house if I have Power of Attorney?
For situations where selling real estate is necessary, a Durable Power of Attorney is typically required, as it remains in effect even if the principal becomes incapacitated. Even with a durable POA, your authority to sell property rests on it being expressly stated within the document's language.
What is the latest judgement on Power of Attorney?
- On June 6, 2023, the Supreme Court of India delivered a landmark judgment in the case of Ghanshyam v. ...
- The Court also observed that the non-execution of any document by the power of attorney holder consequent to the POA renders the said POA useless.
Can a Power of Attorney change ownership of property in India?
However, it is important to note that a POA itself does not transfer ownership, but gives authority to the agent to transfer ownership on behalf of the principal. The POA must be executed in writing, signed, and registered. The agent must act within the authority granted in the POA.
How long does a power of attorney last in India?
USUAL POA IS NOT A WILL AND LEGALLY, IT IS ONLY VALID DURING THE LIFETIME OF THE DONOR AND DONEE. IT IS ALSO ONLY VALID UNTIL EITHER OF THEM ARE SOLVENT AND HAVE MENTAL CAPACITY.
What are the negatives of power of attorney?
Potential drawbacks include the risk of abuse or mismanagement by the appointed agent, legal ambiguities that may limit the agent's authority, and challenges related to DPOA recognition by financial institutions or healthcare providers.
Can a power of attorney transfer money to 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 a power of attorney be executed outside India?
Registration of Power of Attorney outside India
Power of Attorney executed outside India should be authenticated before any of the Indian Consulates in that country. It ought to be stamped within three months of receipt in India with the applicable stamp duty.
How to make a power of attorney from overseas?
How can an overseas power of attorney be created? Overseas powers of attorney can be created in either of two ways: overseas attorney - if the power of attorney is created in the foreign jurisdiction, it can be drawn up according to local laws. However, it should be signed in the presence of a relevant notary.
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.