She can give to special POA for selling the said properties. The POA needs to be registered in india
Wif and husband both are american citizens. Wife giving POA to husband to sell properties in India
Dear Attorney, My name is Venkata we both live in USA. we both became US citzens recently. We have properties in India and some of them are solely on my wifes name. Can she give me the POA if yes what kind of POA we should get. Also the does the POA needed to be apostalled in California Secretary of the State or should it be apostalled by Indian ebassy? Or first it has to be apostalled by the Secretary of the state and then apostalled by the Indian embassy SFO What sort of POA works for my situation, like general POA or should include all the property details in the POA. Your help is grealy appreciated Venkata
Asked 2 years ago in Property Law
Religion: Hindu
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13 Answers
Once POA written and notarized in US, does it needed to be Apostilled by secratery of state of california? Or Doe it the POA needed to be approved or apostilled by INDIAN embassy San Fransciso? or these steps are not needed. Can you please answer these questions for me
Asked 2 years ago
Yes it has to be endorsed or apostolic in US and then registered in india
Specific POA should be executed on stamp paper
2) it should be notarised and attested before Indian consulate
3) you can have it apostled by Secretary of State in California
You should get POA attested before Indian consulate
POA is required to be notarized by Indian embassy in USA and thereafter POA is required to be properly stamped by collector of stamp where the executant reside or where property is situated. After notarisation by Indian embassy the same is not required to be apostilled by secratery of state of california.
1. The POA has to be prepared and after your wife's and yours signature, it can either be got countersigned by the Indian Consulate Officer or Notarised. After this process, it has to be adjudicated in the jurisdictional District Registrar's Office in India.
2. Let it be a general POA.
There is no such complicated procedure of grant of POA/GPA a POA can be drafted on white paper and a notary public appointed by State where you reside will authenticate it. That is sufficient and valid document to transfer properties in India under Section 33 of Registration Act. No apostille is necessary, no need to get attestation from Indian Embassy.
The PoA can either be notarised OR attested by the Indian Consulate in the USA. It needs to be adjudicated in India within 3 months of its arrival here by the land registry concerned.
A Power of Attorney (POA) plays a significant role in the real estate dealings of the Non-Resident Indians (NRIs). 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. A POA assigned to facilitate property transactions should be registered with the respective sub-registrar.
The POA executed in a foreign country should be either notarised by a notary public of that country or attested by an authorised official in the Indian consulate/embassy.
Apostille is a certificate that confirms and verifies the signature of the authenticating person. It is not mandatory to get the POA document apostilled
However it is essential that the POA deed should be adjudicated in the office of the sub registrar in India concerned within three months from the date of execution or receipt in India by the POA holder. .
Apostille is a certificate that confirms and verifies the signature of the authenticating person. It is not mandatory to get the POA document apostilled
It is not necessary that the POA to be approved by Indian embassy or apostilled
it will be a special power of attorney having the power to sell clause
the poa can be signed before the notary public in the USA
Thereafter a certificate of Apostille can be obtained for authenticating the notarial act
the Indian Embassy or Consulate cannot grant an apostille certificate for the notorial act performed by a public notary in the USA
The POA should contain a schedule of all the properties for which the power is being granted. This schedule would have the details of the properties
once the poa [after being notorised and apostillized] is received in India, it has to be stamped for the applicable stamp duty prevailing in the particular Indian state, within the statutory period
for instance in Maharashtra, a poa received from a foreign state has to be stamped within 3 months from the date of its receipt in Maharashtra
- Yes, she can give POA to you for performing the specific work related to that property on her behalf in India
- The said POA should be notarized as per rule of US , and attested from the consulate of India
- However, a property by way of POA cannot transferred in the name of POA holder.
Hi,
- Power of Attorney (POA) for Property in India:
Yes, your wife can grant you a Power of Attorney (POA) to manage and sell properties in India on her behalf.
- Types of POA:
There are different types of POAs, and the one that would work best for your situation might depend on your specific needs and preferences. A "General Power of Attorney" can grant broad authority to act on her behalf, including managing and selling properties.
Regards
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