Special Power of Attorney Sample – Property in India

Special power of attorney sample for property management in India by NRI. Print on plain A4 paper, 2 witness sign, your sign, register in registrar office.

Written by Anil Gupta
  By Anil Gupta          Updated  26 Nov, 19

  39    


Special Power of Attorney

You need a special PoA with the exact real estate address mentioned to make it valid for managing bank loans, rental management, possession of flat, registration of real estate in Indian registrar office and other purpose.


Open link in new window.

Open Sample Power of Attorney in new window.

Is Stamp Paper Required for POA?

There is no need of printing power of attorney on Indian stamp paper.

Take a plain piece of A4 size paper (white) and write down the POA terms and conditions about powers you want to share with the POA holder.

Difference Between General & Special Power of Attorney

General power of attorney is a generic version which does not mention the specific flat/apartment details as compared to Special attorney which has exact details of the property to be managed.

General POA contains terms and conditions to share the signing authority for general purpose like management of bank account, share holding accounts, rent acceptance for multiple properties etc.

Sample Special Power of Attorney in DOC format

The same PoA is available in google docs format here. You can copy paste and use it in your doc.

Special Power of Attorney Sample Usage

We have used this same PoA in Gurgaon, India to get the possession of a flat and get it registered in Haryana’s registrar office. It has been tried and tested with SBI bank home loan too. It works.

This special PoA was first attested in New York Indian Embassy in USA and then registered in Delhi’s Sub Divisional Magistrate’s office (because the PoA holder had residence in Delhi).
Then, it was used in Haryana to get the possession of property located in Gurgaon which is a different state than Delhi.


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   39 Useful Questions & Answers from comments



  1. Gaurav Gupta
    Gaurav Gupta 26 Nov, 19 at 2:52 am

    Me and my wife both are owner of our property in India. Do we need to do 2 POA? or just 1 is enough?


  2. R P Marathe
    R P Marathe 3 Aug, 19 at 12:01 am

    Hi
    my son and D/L residing in US want to sell their property located in Hyderabad through POA in my favour. I stay in Pune. my querries are :
    1. Can they execute the POA in my favour alone?
    2. What process they have to follow if they are in SFO, like attestation in Embassy, notarisation, apostille, their Passport photos affixed on POA etc.
    3. Do i have to get the POA only Notarised or Registered in India.
    4. In how many days from the date of Execution of POA, can it Notarise/Register it. Any validity period?
    5. Where do I register it. I stay in Pune and have address proof in Pune.
    6. If it is done in Pune/Maharashtra, will it be accepted by Hyderabad Sub-Registrar office.
    7. Is POA required for signing the Sale Deed or only for registration of Sale Deed at Sub-Registrar’s Office?
    8. Do I need to affix my Photo on POA?
    9. Do I need witnesses at the time of Registration of POA in Pune.
    10 Do i need witnesses at the time of registering the Sale Deed in Sub-Registrar’s Office in Hyderabad


  3. Raghunath
    Raghunath 16 Jul, 19 at 1:36 pm

    Hi Anil,

    I want to sell my property and I want to give POA to my mother, who is travelling to India next month. My question is – in which document should I provide my mother details? And what proofs are required for my mother?

    I want to choose post option and hence want to know if I need to post my mother proofs and details?

    I am totally naive in this – request your valuable inputs.

    Thank you,
    Raghunath


  4. Sandeep
    Sandeep 4 Jul, 19 at 8:17 am

    Hi Anil,

    A big thank you for this post. This is really helpful.

    However I don’t see POA content or link anywhere. Please help.

    Regards,
    Sandeep


    • Anil Gupta
      Anil Gupta 4 Jul, 19 at 10:45 am

      Thanks. I will fix it.


      • Sandeep
        Sandeep 8 Jul, 19 at 4:53 pm

        Hi Anil,
        I am in need of this format. Looking for your help fixing POA content/link.
        Sandeep


        • Anil Gupta
          Anil Gupta 8 Jul, 19 at 6:34 pm

          Sorry for the delay. I have added the link in above article. Here is the direct link to Sample POA for your reference.


          • Sandeep
            Sandeep 9 Jul, 19 at 3:20 pm

            Thank you Anil. This was helpful.


  5. Ramesh Sadhu
    Ramesh Sadhu 14 Jan, 19 at 9:48 am

    Hi Anil,

    I am not seeing the POA document in this page, is that possible to send a link to download the copy of POA so that i can fill that for register with Indian embassy.


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:09 am

      There is no link to download. You have to copy paste the POA content given above and then use it.


  6. Raj
    Raj 19 Dec, 18 at 6:43 am

    Hi Anil,
    With the type of SPOA above..for joint NRI executors..do their passport copies need attesting or can these be signed by ourselves and self attested?
    Thanks in advance and for the above template.

    Kind Regards
    Raj


    • Anil Gupta
      Anil Gupta 19 Dec, 18 at 6:51 am

      You need original passport and not copies to show in Indian embassy.


      • Raj
        Raj 19 Dec, 18 at 7:03 am

        The document is notarized and will be legalized by the foreign commonwealth office without this. Will I still need to send copies of passports to India?


        • Anil Gupta
          Anil Gupta 19 Dec, 18 at 7:09 am

          Sometimes, the Indian government office officials do ask for passport copies. It’s your choice if you want to send them or not.

          If you don’t send, then you may have to pay under the table money to substitute your passport copies.


  7. Sunny Sharma
    Sunny Sharma 13 Dec, 18 at 1:47 pm

    Hi Anil,

    Can we send one POA for renting as well as selling the same apartment in India? If separate POA for selling, then does it require buyer’s detail as well?

    Thanks in advance.


    • Anil Gupta
      Anil Gupta 13 Dec, 18 at 1:51 pm

      I am not sure about this scenario. You should consult a property lawyer.


      • Sunny Sharma
        Sunny Sharma 13 Dec, 18 at 2:03 pm

        Thanks. One more question. When do we make copy of original POA? As in, after we notarize it with witness signature or before ?


        • Anil Gupta
          Anil Gupta 13 Dec, 18 at 2:05 pm

          After you notarize.


  8. Vijay D
    Vijay D 10 Dec, 18 at 7:21 pm

    Hi Anil,
    First of all BIG thank you for your precise answers with extended clarity.!

    I wanted to know,
    1. I’m looking for residential plot in Bangalore and I have not yet finalised the ONE. When I don’t have a plot address, can I Still get the Attestation of Power of Attorney at Indian Consulate – USA? If yes, how that one may look. (Any article link for site/plot buyers?)
    2. Any exclusive ‘tips/know-more’ about Indian Consulate at New York, USA?
    3.My parents are here for few months- can I take them as witness to Indian Consulate or Take signatures of them as 2 witnesses on my POA in the presence of Notary.?

    Thanks in advance,

    Regards,
    Vijay D


  9. Sharma
    Sharma 25 Jul, 18 at 9:03 pm

    Hello Anil:
    We all the US Citizens, my mother owns a house in Ludhiana, she have added all my siblings to house. One of my sibling is going to India to sell the house.
    He will need SPOA from each one of us which needs to be Notarized then sent to Indian embassy for Apostle-Attestation. Is this all he needs?
    Thanks in advance.


    • Anil Gupta
      Anil Gupta 26 Jul, 18 at 7:06 am

      You all need to get Apostile done by your State secretary and then take it to Indian Embassy for attestation.
      These are two different processes.


  10. Formi Passtime
    Formi Passtime 26 Jun, 18 at 3:20 pm

    My father has property in india, which he wants to change ownership to my name. How can we do so, without him going to India Can I use power of attorney from indian consulate and take to india by myself to change this. We are US citizens with OCI.


    • Anil Gupta
      Anil Gupta 26 Jun, 18 at 4:07 pm

      You can do it. Get the PoA apostiled first and then visit Indian embassy for attestation.

      But, do check with your Indian state rules and lawyer as well to double check.

      Since, you will be both, the PoA holder and the beneficiary, the Indian registrar office may create an issue.
      I do not have any experience with this situation and I am not a lawyer.
      So, it is better to have a legal advice from Indian property lawyer for your case.


      • Formi Passtime
        Formi Passtime 26 Jun, 18 at 4:49 pm

        thank you.


  11. Chandramohan
    Chandramohan 17 May, 18 at 8:07 pm

    Hi Anil,
    Thanks for your valuable information. I have one query though that once we attest the POA from Indian embassy, do I need to send the original copy of the POA to Indian relative or can i scan it and send in pdf format.


  12. Discuss12
    Discuss12 14 May, 18 at 1:16 am

    Hi All,

    I need to do POA in my fathers name for purchase of property.
    I am not NRI.
    I have folowing queries
    1.Can I do POA if I am not NRI
    2. My adrrress proff is from say “XYZ” place.But my property is in “ABC” place but in same state.
    In which city should I need to go for POA
    3. Should I contact advocate for same or should go directly to registrar office.

    Thanks


    • Anil Gupta
      Anil Gupta 14 May, 18 at 7:49 am

      1. Yes, you can do PoA.
      2. PoA should be registered at a place where you have an address proof (of your attorney).
      3. It is your choice. We did not use any lawyer’s services.


      • Discuss12
        Discuss12 15 May, 18 at 12:43 am

        Thanks for the help.
        Can you just tell who will be the Attorny in my case.
        Me or my father.


        • Anil Gupta
          Anil Gupta 15 May, 18 at 7:24 am

          Attorney is the person who is going to sign on your behalf. So, if you are writing this PoA so that your father can purchase property on your behalf, your father will be your attorney.


  13. Mayank Goyal
    Mayank Goyal 10 May, 18 at 1:00 pm

    Thanks Anil. This is very helpful. I have a question though.
    Both me and my wife are US citizens with USA passports. We both have OCI card also.
    I need to go to India to register a flat we purchased in Noida sometime back. My wife cannot travel to India for some time. Is it OK for me to take a PoA from her for joint name registration of our flat? Do I need to go thru the cycle of Notary-Apostle-Attestation-Registration? This is slightly different as she is not giving her PoA to a relative in India but to me. Any information will be greatly appreciated.
    Regards,
    Mayank Goyal


    • Anil Gupta
      Anil Gupta 10 May, 18 at 1:06 pm

      In your case, registration in India is not mandatory.
      You can just go through Apostile->Attestation and the use it in India.


      • Mayank Goyal
        Mayank Goyal 10 May, 18 at 1:46 pm

        Thanks again. In your answer you indicated that registration is not mandatory (or is optional). Can it be registered? since, in india rules are not clear, do you think it is a good idea to register it anyway?


        • Anil Gupta
          Anil Gupta 10 May, 18 at 2:10 pm

          Well, for registration in India, you would need an Indian address proof of the attorney which in your case is you.
          I doubt that you have any permanent Indian address.

          So, Apostile and attestation is what is sufficient for your case since you hold US passport.


  14. POAQuestion
    POAQuestion 9 May, 18 at 8:38 pm

    To reconfirm – will embassy attest the document when it is signed by both the witnesses + one of the executants (the one who is giving POA and is in US) with the expectation that the other executant will sign this once he/ she receives it back in India?


    • POAQuestion
      POAQuestion 9 May, 18 at 10:00 pm

      Correcting the question…. I meant to ask if Attorney has to sign the document before we take this to the embassy


      • Anil Gupta
        Anil Gupta 10 May, 18 at 5:55 am

        No, Attorney does not need to sign before attestation by Indian Embassy.
        Attorney can sign when you send the attested POA to India.