Registered Power of Attorney In India – NRI – Possession of Property

Written by Anil Gupta
  Written by Anil Gupta - Updated on  23 Apr, 19

547  Finance USA

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.


Registered power of attorney for property management in India
Registered power of attorney for property management in India

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.

   547 Questions & Answers



  1. 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.


  2. 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!


  3. 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


  4. 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.


  5. 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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