How to make power of attorney as NRI to sell property in India?
Asked by: Carmel Powlowski | Last update: October 17, 2023Score: 4.3/5 (47 votes)
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 to get power of attorney for NRI to sell property in India?
The Process To Execute Power Of Attorney
The POA may be signed by an NRI in India at the Sub-office. Registrar's The POA must, however, be printed on paper and stamped with a non-judicial stamp costing Rs 100. Additionally, two attorneys and two witnesses would both need to sign the deed.
Can I give power of attorney to sell my property in India?
So much so, that the Supreme Court (SC) was forced to take cognisance of the matter, and eventually passed a landmark verdict in 2011, declaring property sale through power of attorney illegal.
How can I register my NRI power of attorney 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.
What are the rules for an NRI to sell property in India?
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.
How To - NRI Given Power of Attorney in India
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.
Does NRI need RBI permission to sell property in India?
As per RBI's press release, NRIs and OCIs are presently governed by Foreign Exchange Management Act (FEMA) 1999 provisions. They do not require RBI's prior approval to acquire and transfer immovable property in India, other than agricultural land, farmhouse, plantation property.
Can you give Power of Attorney to India from USA?
Yes, such a Power of Attorney will be acceptable in India
The general process is a specific Power of Attorney that will first have to be executed and attested by the Indian consulate in the USA.
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 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.
What is the validity of general power of attorney in India?
It is valid for the lifetime of the principal, and can also be revoked within the lifetime of the owner. The Special Power of Attorney (SPA), on the contrary, stands revoked when the specific task assigned to the SPA is completed.
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.
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 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 can NRI register property in India?
The NRIs or their representatives would then be required to visit the office of the sub-registrar in the city where the property is to be registered. They need to take along two witnesses carrying valid ID proofsand the sale deed to get it registered.
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.”
Can I make power of attorney online in India?
Requirements for a Power of Attorney
POA is signed and acknowledged before a notary public and is signed by two witnesses. The witnesses cannot include attorney-in-fact in case of a durable POA. In the case of an online POA, Aadhar card and ID card is mandatory. Also, the document should be notarized.
Is a notarized power of attorney legal in India?
Registration of power of attorney is optional In India, where the 'Registration Act, 1908', is in force, the Power of Attorney should be authenticated by a Sub-Registrar only, otherwise it must be properly notarized by the notary especially where in case power to sell land is granted to the agent.
Can OCI card holder give power of attorney in India?
Steps an NRI or OCI/PIO can follow to send PoA:
Provided that the granted authority is notarized and apostilled, the emigrants can entrust their certain powers. They should remember that the mandatory certificate attestation services must be carried out by the Indian Consulate or Embassy.
How can I get power of attorney for Indian property in USA?
- STEP 1: Write the power of attorney on plain paper. Sign the power of attorney. ...
- STEP 3: FOR PROPERTY AND FINANCES. ...
- STEP 4:FEES Pay the fee at the Consulate. ...
- STEP 5: Once your power of attorney is attested by the Indian Consulate/Embassy you can send it to India.
How do I get power of attorney for someone outside the US?
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 in another nation, it must be notarised by a Notary Public in order to be accepted there.
Can NRI sell property in India below 50 lakhs?
Moreover, this TDS on purchase of Property from NRI is required to be deducted irrespective of the Transaction Value of the Property. Even if the value of property is less than Rs. 50 Lakhs – this TDS is required to be deducted.
Do NRI need Aadhar card to sell property in India?
Aadhar cards are not required for NRIs or PIOs in order to purchase or sell real estate in India, according to rule 114C. But there are some documents you will have to produce to buy a property in India.
Can we sell property in India and bring money to us?
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.