• Selling Property in India - Getting power of attorney in US.

What are the steps involved for getting power of attorney done US to sell one of my property in Bangalore?
Should I visit the Indian embassy in person or will signing in presence of a notary will do?
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

1.) You have to visit Indian Embassy for POA, but selling POA is not valid niw a days by court, for to sell property you have to personally visit to india and make sell deed. As there are so many NRI's cases pending regarding sell deed of POA.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. You can sell your property sitting in abroad through a duly constituted attorney.

2. To do this you need to execute a POA giving power to your near relative to sell your property.

3. Once its executed you need to get it notarised locally and attested by Indian consulate.

4. The said notarised POA is then to be sent to India through post and the same is thereafter required to be adjudicated/stamped from Collectorate office.

Then only it would-be ready to be operative.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You have to visit the embassy and then you have to initiate the power of attorney (POA) the same has to be adjudicated in India and then the respective power holder can sell the property. Otherwise, you have to come down to India and sell or you may give the power of attorney.

Sivasubramanian B
Advocate, Chennai
47 Answers
3 Consultations

4.8 on 5.0

Specific Power of attorney for sale of property should be attested before Indian embassy or consulate

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

1. First of all you shall have to get the POA drafted by your Advocate in India and typed on the appropriate stamp paper and sent to you.

2. Thereafter you shall have to approach the local Indian Consulate and append your signature on the said POA before the appropriate officer of the consulate and get the POA notarised by him for returning it to yopur Advocate in India.

3. Your Advocate in India shall now have to get the POA validated by the collector in India.

4. With the said POA now the property can be sold by your POA holder for and on your behalf.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Just get the power of attorney and visit the embassy in person to get the signature verified in from of the councillor at embassy. You need to pay the fee for clarification of document.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Concerned,

Yes a Special power of attorney with rights to sell the specific property on your behalf but to collect money on your name on your behalf can be prepared an post mailed to the attorney. It can be attested at the embassy easily - if it is just notarized it will have to be stamped in India as well before being used for execution.

Best of Luck

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

1. Get the GPA drafted by an Indian lawyer and then have it attested at the Indian Consulate in US and then send it to the agent in India.

2. Remember that GPA can be in favour of a blood relative alone.

3. Mere notarisation will not suffice, it has to be attested by the INdian Consulate.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. NRI seller creates two copies of Power of Attorney with detailed terms and conditions.

2. POA should be signed by two witnesses present in the country of residence of a seller.

3. The witnesses should be physically present in Indian Consulate/Embassy at the time of signature or not. If they were not physically present, then their signatures should be attested by the Local Notary.

4. The POA should be attested by the Indian Consulate/Embassy. So you need to visit the Indian embassy in person.

5. The Attested POA should be registered in the India by the resident Indian i.e. POA holder. The registration process in India should be completed within three months from the date of execution of POA. The POA can be registered in SDM (Sub Divisional Magistrate) office or Sub-Registrar Office. The rule may vary from state to state.

6. The relation between the NRI and POA holder should be mentioned in the POA. Preferably the details of ID proof of a POA holder issued by Indian Govt should be specified in the POA. The buyer retains the original copy of Power of Attorney for future reference.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
312 Answers
5 Consultations

4.0 on 5.0

You can prepare a power of attorney deed in favor of the person to whom you intend to delegate this power, sign it before a notary of the country where you currently reside, send the same in a sealed cover to your power agent, he/she will carry the same to the concerned sub-registrar and get it opened and adjudicated after paying the applicable stamp duty and the registration charges.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Get a power of attorney document done, get it notarized and endorsed by the embassy. It has to be registered in india within 4 months.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1. Only the Embassy /Consulate endorsed POA is legally recognizable in India.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Client,

U need to visit Embassy, they will notarized it and need to be re registered in India with in 3 months.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) For your question answer is you have to visit Indian Embassy in USA and sign in front of him in the POA agreement.

2) I have provided post situation of your answer what practice is going on, if in POA sell of properties rights are mentioned and if it's challenged by other party than it's very difficult to take sale transaction of that particular property.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hello,

Get a POA made in US.

Get it certified from the embassy.

Send it to India, wherein in the presence of Agent the Sub registrar will attest it.

But the same is to be made for registration of property, I would advise you to get it registered before the registrar in India personally in order to avoid any future complications.

NOTE: POA for selling property can only be given to close relative.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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