Registered Power of Attorney In India, NRI Property Possession

Written by Anil Gupta
  By Anil Gupta          Updated  19 May, 19
  557    


Power of Attorney (POA) lists out the powers that you want to share with the POA holder. It is primarily used by NRI (Non-resident Indians) to manage their property in India.

If you have bought or thinking about buying an apartment in India and can’t visit personally to take the possession, use PoA.

Register Power of Attorney In India

Sharing rights with any of your family member or a friend by issuing a registered power of attorney is the legal and correct way of managing the property, bank loans, stocks and other assets located in India.

Builder or developer will also ask for registered POA to give you possession of flat and get it registered in your name.

Print this template for special power of attorney to share the property or apartment possession or rental rights.

 

If you are physically present in India and plan to leave soon

 

#1 Write down the POA terms on a INR 100 stamp paper. At this point the POA is termed as simple POA.

#2 Visit office of Registrar (commonly known as office of sub-registrar) for your residential location. Each region within your city may have different offices.

Example: Residents of Karol Bagh, Delhi would have regional Registrar office located at Asaf Ali Road, Daryaganj.

#3 Office of registrar would need 2 witnesses to sign the POA in front of the registrar (Physical presence is required).

Tip: Arrange any 2 friends or relatives to visit registrar office with you. There are always some people available outside the registrar office to help for money.

#4 Carry self attested documentary proof like address proof, voter ID card, passport, Aadhar card in original along with their photocopies. You never know what they can ask for with no official published list of documents.

#5 Registrar will click and store picture of you, POA holder and the witnesses in the government records.

#6 Registrar will keep a copy of POA in government records and provide one to you with his office registry stamp. At this time, your simple POA becomes ‘Registered Power Of Attorney‘.

You are physically NOT present in India – NRI holding Indian passport

 

#1 Write down POA terms on an A4 size plain piece of paper. Since, you are not in India, you don’t need the Indian stamp paper.

#2 Get the POA attested by Indian Embassy/Consulate in your country of current residence.

#3 Send consulate / Indian embassy signed or attested POA to India by postal mail.

#4 The PoA holder in India needs to get this POA registered to actually make it a valid document and term it as Registered power of attorney.

#5 Visit SDM (Sub-divisional magistrate) office in the POA holder’s residence district in India (the person who you name in POA) and NOT your own address.

NOTE: The SDM (Sub-divisional magistrate) office and the office of the registrar are two separate government departments/offices.

Be prepared for bribes!

Documents required for registration of ‘Attested power of attorney from Indian Embassy

  1. Affidavit (on stamp paper of Rs. 100) for PoA holder’s swearing for his/her identity. A nominal stamp duty of Rs. 4 or Rs. 10 also needs to be paid. Check with your local SDM office for details.
  2. The Envelope which was used to send the POA from US to India is also required. Sounds strange but it was asked by the officer in SDM office (smelling bribe?).
  3. Passport photo-copies of the Executants (Person/s who have created the POA) in the Power Of Attorney. Example, both husband and wife are executants of POA.
  4. 2 (number) Address and ID proof of the POA holder. One could be a passport and other can be electricity bill, water bill etc.
  5. Document that can prove the relationship between POA holder and POA executants. This is completely illogical since POA holder can be your friend too.In our case, my wife had the name of her mother listed in her passport and this proved that she is her mother.
  6. You will have to submit the original POA along with the documentary proof to the SDM office.

#6 Processing time is 15 business days, if you paid quick work tax!

#7 Once this POA is stamped by SDM, it is considered a registered power of Attorney.

No witness is required in SDM office for registration.

#8 Registered POA is acceptable in any government office for the purpose of possession and registration (also known as conveyance deed) of property.

 

Notarized vs Registered PoA?

Notarized POA is not same as Registered POA. Notarized POA is equivalent to simple POA and has no legal validity in cases of property management.

Is Registered PoA Required for Home Loan?

Banks usually accept notarized PoA. There is no need to get the POA registered.

Banks like SBI, HDFC, ICICI, PNB etc do accept Notarized special POA.

Cost of Registration of PoA

If you are in India, the total cost should be around Rs. 2500 including government fees and any lawyer fee that you may have to pay.

Where To Register POA?

If you live in Delhi and the property was in Gurgaon, the POA should be registered in Delhi.

As per the information provided to me by the Gurgaon’s Registrar office at the time of writing this article, you can ONLY get the POA registered in Gurgaon, if you have an existing address proof from Haryana.
But, this rule may be different in other states.

Can POA holder Register Property?

Yes. The registered POA allows the POA holder to register the property on the behalf of POA issuer/grantor. Registered POA is a legal document.

Expiry of Registered Power of Attorney?

The power of attorney is valid until you revoke/cancel it.

How to Cancel Registered PoA?

The cancellation process is same as the registration process. You have to visit the Office of registrar where the POA was earlier registered in person and submit an application.

The registrar would take the cancellation note in the government records and the registered power of attorney would stand as revoked.


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  557 Useful Questions & Answers

  1. Sonal
    Sonal 12 May, 19 at 2:10 pm

    Hello Sir,
    Thanks for the useful article 🙂
    I have a query. We recently bought a flat in pune and soon we can move to usa. The property is on my and hubby’s name and I am the primary owner but for loan, my husband’s name is mentioned first as I am currently not having any source of income. Before leaving for usa, and for rent related matters of our flat( agreement sigh with tenant) , repairing etc, we would like to give POA to my brother who lives in Bangalore and presently I am here with him for further 2 weeks for vacation. So my query is – can the POA be processed here in Bangalore if the property is in pune? If yes, then can I ALONE have the authority to give POA to my brother or my husband’s presence is also required here? And what are documents needed in such case? I have brought here the copy of sale deed with me . Please guide.

     

    • Anil Gupta
      Anil Gupta 12 May, 19 at 6:43 pm

      Please check with local Bangalore registration office if you can register the POA there or not.
      State laws vary.

      Your husband would be required as he is joint owner of property.

       

  2. tejas mahindrakar
    tejas mahindrakar 30 Apr, 19 at 10:23 pm

    Hi anil, https://uploads.disquscdn.com/images/2f48b9692ba16e4713ab67b0d9e18ed0714b63817e4419f7285991a0644235d3.jpg
    I’m planning to buy a property in Mumbai, which is owned by a NRI,she herself being above 85 years cannot travel to India and has given special power of attorney to her 2 sons,one who stays with her in West Africa and other who stays in London. The POA is being notarized. The son who stays in London had signed over the power of attorney in India itself while the lady and the son who stays with her, had signed in the Indian embassy in West Africa and it has one stamp of the indian embassy of the west Africa and a signature of the consulate officer over there at that time.
    She also had a property(gala C-2) exactly beside the property which I am planning to purchase(gala C-3). She had sold the gala C-2 to a person 7 months back. But the problem with C2 is that the society still hasn’t transfered the membership (hasn’t issued the share certificate) to the buyer of C-2. The society has said that it wants to verify whether the stamp of the embassy and the signature of consulate officer over the POA is true or not and has the lady and her son who resides with her has signed in front of the consulate officer or not. The society states if they found that the things said above are not true they will cancel the membership application of the new buyer of C-2.
    I fear that same is will happen with me and don’t understand should I go ahead with the buying of the property or not.
    P.S Last page of the POA is being uploaded

     

    • Anil Gupta
      Anil Gupta 1 May, 19 at 6:59 am

      It is your decision if you want to go ahead with the sale keeping in mind the risk.
      You already know the risk. Right?

       

      • tejas mahindrakar
        tejas mahindrakar 1 May, 19 at 11:06 pm

        Thank you for the reply.
        Sorry for my mistake, the POA is also already being registered. I came to know about it yesterday. And Also one thing, I have come across a company which is being listed by MEA ( ministry of external affairs). I showed them the documents they will send the paper to home department of maharashtra 1st and then to the MEA. Both the department will verify and do that attestation over the documents. MEA being the highest authority will verify the stamp and the signature with the embassy directly, that’s what they are claiming,will that solve my problem?
        P.S I am uploading a pic of the visiting card of that attestation company https://uploads.disquscdn.com/images/cbf19aa3b052e3723d96a659788f6732b2151d34565de85505739ac01d6fdd32.jpg

         

        • Anil Gupta
          Anil Gupta 2 May, 19 at 6:44 am

          I am not aware of any such company and neither have used it.
          So, please use your best judgement.

          I can’t really vouch for it.

           

  3. Ash
    Ash 24 Apr, 19 at 8:35 am

    Hi ,
    Thanks for a clear break down of documents and requirement.

    I will be taking a home loan in India with me being the applicant and my father being the co-applicant. I was asked to send attested POA to India.
    I live in London with High commission of India, London being my local attestation place

    – POA currently has only my photo, High commission in London wouldn’t let me paste my father photo to whom I m giving power to.
    Logically it does not make sense sticking my photo on POA because I’m the executant not POA holder which my father is

    – Does my father have to then take the attested copy to sub divisional magistrate office to make it a registered POA ?

    Thanks in advance

     

    • Anil Gupta
      Anil Gupta 24 Apr, 19 at 9:09 am

      Your understanding is wrong. You have to paste your photo on POA.

      Your father has to register this attested by High commission of London POA in Indian registrar office as clearly mentioned above.

       

      • Ash
        Ash 24 Apr, 19 at 9:26 am

        Thanks for a quick reply Anil. you are a star

        SBI POA form given to me had this ‘Please paste passport size photograph of ‘Attorney’, which has to be attested by the Executants.’
        That is where the confusion arised .

        Thanks for clarifying anyway

         

        • Anil Gupta
          Anil Gupta 24 Apr, 19 at 9:27 am

          Your father can paste his picture once you have sent the POA to India.

           

  4. Shabana Patel
    Shabana Patel 23 Apr, 19 at 3:00 am

    Sir,
    My aunt (buwa) wants to give me power of attorney to authorize me to attend meetings of the society and do other work in relation to her flat allotted under SRA scheme in Mumbai. The society wants registered POA, i want to know how much Stamp Duty/Registraion Duty other than 500 Stamp Paper should I need to pay.
    Please suggest me.

     

    • Anil Gupta
      Anil Gupta 23 Apr, 19 at 6:21 am

      You have to contact local registration office to know the amount of stamp duty.
      I do not have data for stamp duty rates at this time.

       

  5. Suguna Selvaraj
    Suguna Selvaraj 11 Apr, 19 at 8:53 am

    Hi,
    We live in USA. My husband signed a POA to me in February 2019 with termination date in December 2020 to sell a house in India. Can I wait until the sale is finalised to go to India for registration of OPA?

     

    • Anil Gupta
      Anil Gupta 11 Apr, 19 at 9:20 am

      You can wait but, registration process may itself take upto 60 days. So, plan accordingly.

       

      • Suguna Selvaraj
        Suguna Selvaraj 11 Apr, 19 at 9:31 am

        Thanks. You are awesome!

         

  6. NavDeep
    NavDeep 24 Mar, 19 at 11:09 am

    Hi,

    Thanks for the detailed article & all the help you have been doing in this community. My wife & I both reside in Arizona, USA. and have a property in bangalore which needs to be registered jointly. Three questions.

    1. For POA, just notarizing by local notary & attesting by US Embassy in SFO enough or should it be apostiled as well?

    2. Since my wife & I are joint holders, can we both give POA to just my father-in-law or just my father? Is there any restriction that it has to be given to blood relation only?

    3. Even after attesting by Embassy, does it need to be registered in India?

    Thanks in advance,
    Nav

     

    • Anil Gupta
      Anil Gupta 24 Mar, 19 at 11:20 am

      SFO Indian embassy requires Apostile.

      You and your wife can give POA to either of your parents.

      Yes, POA needs to be registered in India as clearly mentioned in above article.

       

      • NavDeep
        NavDeep 24 Mar, 19 at 12:09 pm

        Thank you, Sir.

         

      • NavDeep
        NavDeep 24 Mar, 19 at 12:17 pm

        Sir, The POA template link (…am22tech.com/india/special-power-attorney-sample/) takes it to home page. Is there an alternate link?

        Thanks,
        NavDeep

         

  7. KAVALIRAJU
    KAVALIRAJU 22 Mar, 19 at 11:21 am

    Hi sir,
    How can i check the POA is it registered or not. what is the process to check the Registered POA.

     

    • Anil Gupta
      Anil Gupta 22 Mar, 19 at 11:44 am

      I do not know of the process to check registered POA.

       

  8. KAVALIRAJU
    KAVALIRAJU 22 Mar, 19 at 11:21 am

    Hi sir,
    My sister has POA to his relaties people. after 15 days she was changed his mind poa person was not well . He was not responding to him . She suddenly changed his mind and POA document is get backed to him. Now she doubt is she would like cancel the POA on him ( what is the process to cancel the POA . again she would to to issue, the POA ON her sister.
    1 how to cancel the POA
    2 IS there chances to issue, the poa on her sister name after cancelling
    3 is there chances to issue, poa on her sister name with out cancelling 1ST given POA

     

    • Anil Gupta
      Anil Gupta 22 Mar, 19 at 11:44 am

      Please consult a lawyer for your situation.

       



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