• NRI Power of attorney

I have a property in chennai, Tamil Nadu. I would like to give power of attorney to my father -in-law to sell. I am living in USA. What is the procedure to get the power of attorney? 

Can I get signature from notary in USA and post the letter to my father-in-law?
Asked 3 years ago in Property Law
Religion: Hindu

12 answers received in 1 day.

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13 Answers

The procedure is, draft a special power of attorney on Indian stamp paper of 100 rupees which  is available in all countries  or even on white paper giving SPA to any of your relatives/friend to sell the property.  Go to Indian consulate/high commissioner and get SPA attested which  the consulate official will readily do. Send the SPA to the person named, he will take the SPA to the District Registrar who will validate it by putting his seal and signature. Fee for validation of SPA is 1 % if it is given to blood relation if given to other person it is 2% of government valuation of the property. With the validated SPA you property can be sold by person named and proceeds can be deposited in your account.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

You should execute POA in favour of close family member like your parents or siblings 

 

2) if you execute POA in favour of father in law it would attract higher stamp duty and has to be stamped as conveyance 

 

3) POA should be attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

STEP 1: Write the power of attorney on plain paper. There is no need to create it on stamp paper from India, subject to conditions. Sign the power of attorney. Two witnesses should also sign this document. The addresses of the applicant and witnesses should be typed clearly. All this must be done in the presence of a notary public. You can also get this done at the Indian Consulate as well. Once your power of attorney is attested by the Indian Consulate/Embassy you can send it to India. and adjudicate the same before collector or district registrar.(Foreign Power of Attorney should be stamped by the Collector after its receipt in India within prescribed time of 3 months)

Another step

The POA executed in a foreign country and duly attested by the Indian consulate in that country, sent by a sealed cover to the concerned registrar directly to be opened by him in front of the POA agent will be the correct procedure to be followed.  The principle need not come to registrar's office physically for registering the same.  If the registrar is not following the rules, the matter may be taken up with the Dy.director, Registration for solution.

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

1. If you are going to give POA to a non-blood relative (father-in-law) to sell your property in India, then the stamp duty would be around 5% of the value of the property. However, if you are going to give POA to a blood-relative, say father, mother, brother or sister, the stamp duty would be minimal.

2.  The procedure is given below:-

Get the POA prepared, signed by you after pasting the photo of the principal and obtain signature of the Indian Consulate Officer or countersigned by a Notary and send it to the Agent/Attorney (anyone to be appointed by you) in India, who will paste his photo and sign the document. After this procedure, the POA has to be adjudicated in the jurisdictional District Registrar's Office in India.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Your power of attorney will have to be attested by some notary in USA which will then be followed by at a station in the embassy. 
you will then send the same to India and the registrar under whose jurisdiction your father is living will verify that power of attorney and then only your father-in-law can use it to sell the property. 

make sure that the power of attorney contains the basic lines and paragraphs so that the same is considered to be valid for the purpose of selling the land. 

You may get in touch if you want your power of attorney to be drafted.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

In stead of notary, get the same attested at Indian consulate there

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Hi, First contact any advocate and draft Power of Attorney and attested your sign before Notary in the USA and then send the same to Chennai. Through Power of Attorney your father in law can sell the property.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

- POA should be notarized as per rule of US, and further it must be attested from the Consulate of India . 

- However, if you are going to give POA to your father in Law then its registration in India also needed, and a POA given to blood related is exempted . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Yes you can get the poa attested at embasy and do registration in India for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You have to make a PoA in USA and then attest it with the high commission in USA and then send it to India. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You obtain a power of attorney deed  drafted by a lawyer which should be prepared in accordance to the situation and the tasks that has to be completed as mentioned in the deed. 

You may sign it along with witnesses before a notary public of the country of your residence, get it attested and then send it in a sealed cover to the chosen power agent in India, who will get it adjudicated before the concerned registrar 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You need to execute a special PoA in favour of your father in law, authorizing him to sell your property. It has to be either notarized or attested by the Indian Embassy/Consulate in the US. You may then send it to your father in law. Within 3 months of its arrival in India, it has to be adjudicated by the sub-registrar under whose jurisdiction your property lies.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Dear Client,

                  Indian documents can be authenticated for use overseas by the issuance of an apostille sticker at the Ministry of External Affairs (MEA), Consular-Passport-Visa Division in New Delhi.If GPA is notarised in local Consulate or Notary Office and then adjudicated in India on proper stamp paper then it is validly executed.

Thanks & Regards

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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