• General Power of Attorney

I am a us citizen,working in Hindu temple of charlotte,NC.i want to sell my house in hyderabad,and which I want to Give GPOA to my son.( I try to avoid to go India,due to work load & I also applied for OCI card,only 2 months back)
Kindly suggest me which is the best way to legally issue GPOA to my son.
Thanking you once again.
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

You can issue a power of attorney to son for selling and executing sell deed and registering same for the said property with specific details of property (it would be better ) or you can give general post of attorney to son giving home.right to take steps on your behalf to sell any property, execute sell deed and register it and take decisions.

You have to get the power of attorney notarized with notary in US and further it shall be stamped by indian consulate.

The you can send same to son in India who can get it further verified and stamped with SDM and then can sell the property

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firslty, there has been a latest Supreme Court judgment which says that No property transaction on the basis of GPOA, but exceptions are there as to the situation plus it must be for a close family member.

Secondly, so you can very well go with it further.

Thirdly, it has been settled by the SC as to stop the fraud been happening on the mane of the property transaction.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

If you want to give a GPA to your son, you'll have to get a get a GPA drafted giving your son rights to sell the said property on your behalf.

Two witnesses should also sign the GPA. All this must be done in the presence of a notary public.

Last step is to send the GPA to the Indian Consulate. If you are submitting the documents in person, you can sign it in the presence of the officer at the Consulate. You should carry your passport as well.

The fee of attestation is as follows:

Non-refundable $ 20 (twenty) for each attestation.

Non-refundable $ 10 (ten) for attestation of each photograph.

$3 for the Indian Community Welfare Fee.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Hello,

Get the GPOA notarized from the embassy there in US and then send the same to your son, he will get the same certified here in India and then he can proceed with the sale.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can execute specific POA in favour of your son to sell property

2) POA should be duly attested before Indian consulate

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1. Yes , you can execute a POA sitting in NC and then notarise it locally and send it my post to your son.

2 On receipt of the same your son will have to adjudicate it from local Collectorate and on this basis your son can sell your property representing you in the registration office.

3. So do this and go ahead.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Yes, you need to type GPOA at USA by some competent advocate. Give it to your son. On the basis of this, he sell your house under guidance of some local advocate

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

You can get the GPA notarised with notary in US and further get it stamped by Indian consulate in US. Your GPA should give power to your son to do all the activities related to the property. The GPA executed by you must be duly verified and stamped by jurisdiction District collector/Magistrate

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

hi,

You can make special POA on your son name in your city by visiting Indian Embassy office.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You are physically NOT present in India (you are NRI (or just moved abroad) holding Indian passport)

Write down the POA terms on an A4 size plain piece of paper. Since, you are not in India, you don’t need the Indian stamp paper.

The idea is to write whatever powers you want to share with the POA holder in plain English or your preferred language.

Get the POA attested by Indian Embassy/Consulate in your country of current residence with 2 witnesses.

Read this separate article for the complete process of getting POA attested in Consulate Of India – New York.

The process should be same all over the world in all Indian Embassies including UK, Australia, New Zealand and middle east countries.

Now, send this consulate / Indian embassy signed or attested POA to India by postal mail. In US, USPS, Fedex and UPS are reliable services.

The PoA holder in India needs to get this POA registered to actually make it a valid document and term it as Registered power of attorney.

Go to the SDM (Sub-divisional magistrate) office.

The concerned government office would be located by the address of the POA holder (the person who you name in POA) and NOT your own address.

Well, this address may be same if you are sending it to your parents or could be different if you are taking a friend’s help.

NOTE: The SDM (Sub divisional magistrate) office and office of registrar are two separate government departments/offices.

The real struggle starts with Indian government office here. Believe me, it may not be a simple process of just paying the fees and getting the document registered.

In our case, our POA holder was asked to produce documents which were NOT even mentioned anywhere. The behavior of the officers clearly pointed towards asking for bribe.

Documents required for registration of ‘Attested power of attorney from Indian Embassy‘

Affidavit (To be written on stamp paper of Rs. 80 or Rs. 100) for PoA holder’s swearing for his/her identity.

A nominal stamp duty of Rs. 4 or Rs. 10 is also need to be paid. You have to check with your local SDM office for these details.

The Envelope which was used to send the POA from US to India is also required. Sounds strange but it was asked by the officer in SDM office.

Passport photo-copies of the Executants (Person/s who have created the POA) in the Power Of Attorney.

2 (number) Address and ID proof of the POA holder. One could be passport and other can be electricity bill, water bill etc.

Document that can prove the relationship between POA holder and POA executants. This is completely illogical since POA holder can be your friend too.

You will have to submit the original POA along with the documentary proof to the SDM office.

The general time frame for this POA to be registered is 15 business days. Off-course we did not expect any magic to happen here.

Once you get this POA stamped by SDM, it is considered a registered power of Attorney.

No witness is required in SDM office for registration.

This registered POA is now acceptable in any government office for the purpose of possession and registration (also known as conveyance deed) of property.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. You need to make a power of attorney containing a power to sell, to execute sale agreement, to accept sale consideration and comply with registration formalities

2. You have to sign this power of attorney before the indian consulate/embassy there and courier the document to India

3. Then your son can sign and accept the power of attorney before a notary public here

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

Dear Client,

You can get/execute the POA at Indian Embassy ( Consulate ) in your country, authorized officer will attest the same, than within 4 months it has to be get registered in India.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Please execute a GPA in favour of your son and get the same notarised by the Indian embassy in NC or nearby. GPA in blood relation is allowed for the purpose of selling the property in India. Your son get the GPA stamping in the concerned collector of stamps office and based on that sale the property.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

1. Execute proper POA before the local authorities (embassy) in US and request him to attest & endorse it with his stamp and signature.

2. Back in India, the POA MUST be duly stamp duty paid and duly registered by your son. This will be sufficient for all legal purposes.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You can draft a GPA deed on the basis of the provisions of law prevailing in India, get it executed, notarised by a notary public in USA or get it attested by an Officer of the Indian Embassy, send it to the power of attorney agent/holder by a sealed cover addressed to the concerned registrar with an outer cover addressed to your power agent, he will carry this deed to the registrar, who after verification of the proeprty documents and satisfying the identity of the power agent may register the POA Deed. The attorney then can sell the property on your behalf as your authorised representative/power agent.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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