• Power of Attorney

Hi, 
I am currently staying in Singapore and holds NRI status. I have bought a property in Gurgaon and my wife is a co-owner. We need to get the registration of conveyance deed done in Gurgaon. I was travelling to India while my wife executed POA on my name from Indian high commission in Singapore.Is this document sufficent or we still need to get POA attested from DC office. Which i think will take long as i need to travel to DC office and they will return the POA after 15 days.

Please help with your advise for the best solution.

Thanks,
Varun
Asked 5 years ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

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25 Answers

You need to get POA attested with the DC office. You can engage a local person he will get attestation done for the power of attorney. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

POA attested before Indian consulate or embassy is sufficient 

 

2) to  be on safer side you can have it attested before DC office 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

NO, only if it is irrevocable power of attorney relating to transfer of immovable property than registration in India was needed. In your case it is suffice document. No need of further registration.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

1. if the POA was signed before the Indian Consulate/Embassy [Indian High Commission in Singapore] then that is sufficient

2. once you receive the POA in India, it will have to be stamped for the applicable stamp duty and then you can accept the POA by signing before the public notary in India

3. this will complete the document for the purpose of registration of conveyance in joint names of you and your wife

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

Hi,

The said documents (POA) is valid and you may proceed further.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You do not need to get the power of attorney attested from DC office. POA attested by Indian Consulate/ embassy would be sufficient. 

You just need to get the POA registered at SRO. After that, it can be used to register the property jointly.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Dose not require. Still builder wants, what to say.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Transfer of immovable property is possible through POA if the same is a registered one. If the Principal is a foreign citizen/resident then she can execute POA from her country of residence and get it notarized and attested from local Notary and Consulate Officer. The same then is required to be Adjudicated from local Collector. Then on its basis the attorney can get or transfer immovable property. 

So in your case the POA can be executed in Singapore in the above mentioned manner and then sent to India for further procedure.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. what is full form of DC?

2. If a competent authority has duly attested the document and put its seal on it then why an additional attestation on insistence of builder?

3. is this the requirement of the registration authority which will be registering the document? please ask the builder

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

get it attested before DC  if builder is insisting to get it attested by DC 

 

sub registrar office may insist on having it attested for registration purposes 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

See POA has to be registered before the sub-registrar office as per rules it has to be attested.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. After the POA signed by the Indian Consulate reaches India, it has to be adjudicated in the jurisdictional District Registrar's Office in Gurgaon.

2.  There is no need to take DC's signature, if there is a District Registrar's Office in Gurgaon.

 

Shashidhar S. Sastry
Advocate, Bangalore
5109 Answers
314 Consultations

5.0 on 5.0

Dear Sir, 

 

- Builder right at his part as it is required to get attested from DC office to make it valid for revenue record.

- Generally these are kind of exceptional cases and regular guidelines are shared by DC office on such matters.

- Being local at Gurgaon, incase you need any assistance in execution feel free to connect.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

Hi, 

This POA is acceptable legally but keeping in view of the builder's demand you may get it attested. Please understand that this suggestion is only for satisfaction of builder else he may play tactics to delay registration. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

  1. Power of Attorney executed abroad for the purpose of sending POA to India does not require an Indian stamp paper. A plain piece of paper can be used to write down the POA all terms and conditions. The terms and conditions contain the list of all powers a person want to share with the POA holder. List out whatever a person wants the POA holder to do on his behalf.
  2. Two copies of the POA document will be required by the consular officer.
  3. POA document must be signed before the embassy officer at the time of attestation.
  4. Two witness signatures are required on the POA document.

This POA signed infront of Indian Embassy it will work here in India.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

Dear Sir,

The following information may kindly be read:

Power of attorney is a document that allows someone else to act as your legal agent. It is mainly used by NRIs (Non-resident Indians) to manage their property in India. For instance, if you have purchased an apartment or flat in India, and you can’t visit personally to take the possession or ownership of property. To sign in the registrar office for registration in your name, you can share these rights with any of your family member, relative or a friend by issuing a registered POA.

TYPES OF POWERS OF ATTORNEY

The two types are general and special:

1.    General

  • It provides substantial powers for completing the transactions expected.

2.    Special

  • It is given for specific purposes only. These are defined in the document.

Registration of Power of Attorney:

For NRIs, it is now mandatory to have the POA registered specifically for property matters. In fact, it is advised to attain all POA documents which have sent to India or even if it is executed in India must be registered at the sub-registrar office.  In India, courts give more weight only to registered documents. In the case of dispute issues, unregistered documents may not get a favourable decision from courts.

The registration process includes:

  • Visit the sub-registrar office with the document to be registered. In India it is prepared or done on stamp paper whereas if prepared abroad no stamp paper is required. Those NRIs who are not present in India should get the POA holder to get the registration done.
  • Original documents with copies (or Self-attestation of documents) showing proof of address and proof of identity.
  • Two passport size photographs and even Sub- Registrar will take your photo also at the time of registration along with thumbprint.
  • Two witnesses who must also have proper identification or ID Proof.

Also Read: Partition Action: A Way To Cure Property Dispute

Registration If NOT in India

  • Those NRIs who send POA to India from a foreign country(say United Kingdom, Canada, North America and others) need to get the POA attested by an officer of the Indian embassy in their area of residence.
  • Send POA document to India for registration. The POA holder will need to give his identity and address proof along with the witness at the sub-registrar office.

The instructions to register the Special power of attorney embossed are given as under:

  • Please check the spellings of the name and address and also the information on the passports.
  • Affix photograph on the last page of a document. The photograph ought to be of a passport size.
  • Make sure you sign on each page of the Special POA.
  • Ensure the Special POA bears signatures of two witnesses.

Note: – Witness should not be Notary Public, who has attested the document.

  • All pages of POA have to be notarized by a Notary Public with the photos affixed and your photo should also be half stamped.
  • Photo ought to be the self-attested i.e. cross signature on the photograph.
  • There must be notarized stamps on or near the signatures of two witnesses.
  • It has to be notarized by a Notary Public with the photos affixed and your photo should also be half stamped.
  • After that, it has to be either stamped from the Indian Consulate or High Commission or Foreign and Commonwealth Office.
  • We will advise going to the office of the foreign commonwealth as it will be more convenient rather than going to the Indian Consulate or High Commission.
  • A copy of the passport has to be notarized and sent along with the Special Power of Attorney.

The guidelines to register the General power of attorney embossed are given as under:

  • Please check the spellings of the name and address and the other information on the passport.
  • Affix photograph on the last page. The photograph ought to be of a passport size.
  • Please ensure you sign on each page of the General Power of Attorney.
  • Ensure that documents bear signatures of two witnesses.

Note: – Witness should not be Notary Public, who has attested the document.

  • All pages of POA have to be notarized by a Notary Public with the photos affixed and your photo should also be half stamped.
  • There should also be notarized stamps on the signatures of two witnesses.
  • All documents have to be notarized by a Notary Public with the photos affixed and your photo should also be half stamped.
  • After that, the General POA has to be either stamped from the Indian Consulate or High Commission or Foreign and Commonwealth Office.
  • We will advise going to the office of the foreign commonwealth as it will be more convenient rather than going to the Indian Consulate/High Commission.
  • A copy of the passport has to be notarized and sent along with the General Power of Attorney.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

The same will have to be registered from DC office as per the Registration Act and then only the same will become valid.

 

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Discretion can not be used beyond the law provided in statute. Therefore, you need to visit the DC office in order to get the same authorised.

 

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. Your said POA is required to be adjudicated by the local Controller by affixing a stamp of Rs.50/-

 

2. Thereafrer based on the said POA executed by you, the POA holder can act for and on your behalf.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. Your builder is right. It is called adjudication.

 

2. You shall have to sendf the said POA to the POA holder at his/her address in India and he/she shall have to preserve the envelope carrying the POA sent to him/her for producing before the Collector, if demanded.

 

3. Therafter the POA holder inj India shall have to approach the District collector's office and fill up the appropriate form and get a challan for depositing Rs.50/- to the specified Bank.

 

4,. Thereafter the collector wil put a stamp of rs.50/- on the POA and put his sign and rubber stanp to make the saidf POA valid in India.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

The attested POA deed by the Indian high commission in |Singapore has to be registered or adjudicated once again in India before the concerned sub-registrar's office.

Then only  the proposed acts through the said deed can be executed.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

It is not attestation by the DC office, it may be adjudication  by the DC office or you may gt it registered before the concerned sub-registrar's office.

The attestation by the Indian high commission alone  is not sufficient to make it a proper and legally valid document.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

That's enough you don't have to do anything. You need to register the poa. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Dear Client 

For every POA which was executed in a foreign country you have to get the POA registered in India to make it valid.

So you have to approach the DC or sub registrar to get it attested.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

It would be at the discretion of the registrar, not the builder.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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