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Q.

How to Get Power of Attorney for NRI?

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0 2024-07-17T11:43:31+00:00

Wondering about

the NRI power of attorney procedure.

It involves legal procedures to authorize someone to act on their behalf in various matters. 

How to Get Power of Attorney from NRI?

Here’s a detailed guide on the procedure for power of attorney for NRI:

  • Drafting the POA Document:The NRI needs to draft a Power of Attorney document specifying the powers granted to the appointed person (attorney). Clearly define the scope of authority, whether it’s for property management, financial transactions, legal matters, etc.

  • Notarisation: The POA document must be signed by the NRI in front of a notary public or at an Indian consulate/embassy abroad. Notarisation ensures the document’s authenticity and validity.

  • Attestation: After notarisation, the POA document may need to be attested by the Indian consulate/embassy in the country of the NRI’s residence. Attestation verifies the document’s compliance with Indian laws and regulations.

  • Stamp Duty: Depending on the state in India where the POA will be used, stamp duty may be applicable. The document must be stamped as per the applicable rates.

  • Registration: Certain types of POA, such as those related to immovable property transactions, require registration with the Sub-Registrar of Assurances in India. Registration provides legal validity and protects against disputes.

  • Execution in India: If the NRI is unable to personally execute the POA in India, the appointed attorney can do so on their behalf, provided all necessary documents and authorities are in place.

Different states in India may have specific requirements for POA documents. It’s advisable to check local regulations. Seek legal advice to ensure the POA document complies with Indian laws and meets the NRI’s specific needs.

Obtaining a Power of Attorney for an NRI involves careful drafting, notarization, attestation, and possibly registration, depending on the nature of authority granted and its intended use in India.

Proper documentation and compliance with legal procedures are crucial to ensure the POA is valid and effective for handling the NRI’s affairs in India. Consulting with legal professionals or advisors experienced in NRI matters can help navigate through the process smoothly and securely.

This is all about

NRI power of attorney procedure.

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Is power of attorney valid after death?

0 2023-06-22T15:25:16+00:00

If you are an NRI (non-resident Indian) and want to sell your property in India, you must create a power of attorney. This is a legal document that gives permission to an individual to make honest decisions on your behalf. Moreover, a number of steps must be taken in order to obtain an NRI power of attorney to sell or buy property in India. Scroll down to get the steps.

How to get power of attorney for NRI to sell property in India?

Before looking at the methods, let’s understand the general power of attorney for NRI. A general POA grants the representative broad authority to make choices based on principle. Furthermore, he/ she will finish all of the tasks with no barrier to transactions. Here are the steps to buy or sell:

Case 1: If the NRI is in India

Create a non-judicial POA on Rs 100 stamp paper, go to the sub registrar's office, and present the witnesses. Both the grantor and attorney sign in front of the sub-registrar. Collect the registered copy by the due date, which could take 3-5 days.

Case 2: If the NRI is settled abroad

In such cases, there are two options for carrying out a POA:

  • Legalisation:

    The Indian Embassy representative approved the notary signatures. Under Section 2 (17) of the Indian Stamp Act of 1899, the grantor must stamp the POA within three months and pay stamp duty.

  • Apostallisation:

    Outside of India, a POA deed is apostallised to ensure signature authenticity and compliance with Indian laws.

I hope you got an idea about the power of attorney for NRI to buy property in India. 

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