What does POA mean in India?

Asked by: Aimee Dickens  |  Last update: October 1, 2023
Score: 4.1/5 (70 votes)

Power of Attorney lists out the powers that you want to share with the POA holder. It is primarily used by NRI (Non-resident Indians) to manage their property in India. If you have bought or thought about buying an apartment in India and can't visit personally to take possession, use PoA.

Can a US citizen give PoA in India?

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 is PoA in India?

5. October 29, 2021 at 6:46 pm. A Power of Attorney (PoA) is a legal document that enables a person to act as another person's legal agent and complete particular tasks on their behalf. The agent gets limited or all authority for making legal decisions about the person's medical care, finances, or property.

How do I get 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. ...
  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 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.

Power of Attorney - General (GPA) & Special (SPA) Explained in Hindi

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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 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 to give power of attorney to someone in India from abroad?

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 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.

What are the benefits of power of attorney in India?

It can give another person, however closely connected with the donor, a full and legal right to act on the donor's behalf as regards financial matters, medical matters, and more. With a Power of Attorney, others may act on your behalf without your direct oversight.

Can PoA be revoked in India?

A PoA can be revoked as long as the principal is mentally sound, and it gets cancelled automatically if the principal passes away. The principal must inform the agent in writing about the revocation, sign the document in the presence of a notary public, and deliver it to the agent.

Why is PoA required?

A power of attorney (PoA) is a document that gives another person the legal authority to act on your behalf as per the terms mentioned in the document. In the case of a demat account, the PoA gives the online broker the legal authority to take certain decisions on your account.

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.

Who gives power of attorney in India?

Registration Of Power-Of-Attorney

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).

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.

Does power of attorney expire at death 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.

Can POA be registered anywhere in India?

However, the Supreme court has recently ruled that a power of attorney given to sell immovable properties should be registered. It should be done at the office of the sub registrar within whose jurisdiction the person giving the power resides.

Can power of attorney buy property in India?

Many home buyers in India use a power of attorney to assist them with the transactions involved in buying a home. It could include a capital purchase of the area known for housing, renting, selling the property, or taking out a mortgage.

Can Indian embassy make power of attorney?

POWER OF ATTORNEY (PoA) by an Indian National

Consular Officer on behalf of the Consulate performs the notarial act of certifying a deed, contract or other documents including Power of Attorney (PoA).

Can an American citizen own property in India?

In India, foreign nationals are not allowed to own property unless they fulfil the residency requirement of 182 days per fiscal year. Foreign nationals living in India can, however, purchase a home there without the RBI's clearance.

Can I buy a house in India from USA?

A foreign national resident outside India cannot purchase immovable property in India. A Non-resident of India can purchase a property in India. NRI mostly prefers to purchase a property in India in the form of investment for their future security.

Can we register land in India from USA?

NRIs can register property from abroad, as long as they carry out all of their transactions in Indian rupee through local banks.

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.

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.