Power of Attorney (POA) is a simple document which 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 you can’t visit personally to take the possession, use PoA.
You will essentially be authorizing your relative or friend, to sign in the registrar office for registration on your behalf.
Sharing these 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 property, bank loans, stocks and other assets located in India.
Please note that it is strongly advised to have the POA registered specifically for property matters.
Builder or developer will also ask for registered POA to give you possession of flat and get it registered in your name, in state government records.
This is my own experience with finding the meaning of registered POA and what all is needed to get it.
1. Sample Power of Attorney for property Management in India
Use this template for special power of attorney to share the property or apartment possession or rental rights.
Print it on a plain piece of paper.
2. Register Power of Attorney In India
There are two cases and two different processes to get the power of attorney registered, depending on your location. This is the process that I could find in Delhi, while I was still there.
It may or may not be same at other locations/state in India.
2.A. You are physically present in India and plan to leave soon
- Write down the POA terms on a piece of paper. Normally, you would do it on a INR 100 stamp paper. At this point the POA is termed as simple POA.
- Go to office of Registrar (commonly known as office of sub-registrar) for your residential location.Each region within your city may have different offices.
For example, I used to reside in Karol Bagh, Delhi and my regional Registrar office was located at Asaf Ali road, Daryaganj.
- Office of registrar would need 2 witness to sign the POA in front of the registrar (Physical presence is required).
Tip: If you can’t arrange any 2 friends or relatives to visit registrar office with you, there are always some people available outside the registrar office to help.
And yes, no prizes for guessing that this help comes for a price. Use your negotiation skills.
- Carry all the documentary proof documents like address proof, voter ID card, passport, Aadhar card in original along with their photo-copies.You never know what they can ask for. I could not find any official published list of documents and hence advise to carry as much proofs as possible to avoid inconvenience.
Do not forget to carry the POA with you.
All the photo-copies should be notarized or attested by a gazetted officer (First class government officer).
I am not sure if this requirement has been substituted by ‘self attestation’ as publicized by new central government in 2014 yet.
So, it is better to get them notarized before-hand.
- Registrar will click and store picture of you, POA holder and the witnesses in the government records.
- 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‘.
2.B. You are physically NOT present in India (you are NRI (or just moved abroad) holding Indian passport)
- Write down the POA terms on an A4 size plain piece of paper. Since, you are not in India, you don’t need the Indian stamp paper.The idea is to write whatever powers you want to share with the POA holder in plain English or your preferred language.
- Get the POA attested by Indian Embassy/Consulate in your country of current residence with 2 witnesses.Read this separate article for the complete process of getting POA attested in Consulate Of India – New York.
The process should be same all over the world in all Indian Embassies including UK, Australia, New Zealand and middle east countries.
- Now, send this consulate / Indian embassy signed or attested POA to India by postal mail. In US, USPS, Fedex and UPS are reliable services.
- 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.
- Go to the SDM (Sub-divisional magistrate) office.The concerned government office would be located by the address of the POA holder (the person who you name in POA) and NOT your own address.
Well, this address may be same if you are sending it to your parents or could be different if you are taking a friend’s help.
NOTE: The SDM (Sub divisional magistrate) office and office of registrar are two separate government departments/offices.
The real struggle starts with Indian government office here. Believe me, it may not be a simple process of just paying the fees and getting the document registered.
In our case, our POA holder was asked to produce documents which were NOT even mentioned anywhere. The behavior of the officers clearly pointed towards asking for bribe.
Documents required for registration of ‘Attested power of attorney from Indian Embassy‘
- Affidavit (To be written on stamp paper of Rs. 80 or Rs. 100) for PoA holder’s swearing for his/her identity.A nominal stamp duty of Rs. 4 or Rs. 10 is also need to be paid. You have to check with your local SDM office for these details.
- 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.I think they just try to find a document which they can claim as missing to harass you and eventually ask for bribe.
Luckily, my POA holder was my mother-in-law and she had this envelope safe and secure with her. Never under-estimate the power of Mother-in-law!
- Passport photo-copies of the Executants (Person/s who have created the POA) in the Power Of Attorney.For example, in my case, me and my wife were the executants of POA. So, we had to send copies of our passports (front and back pages with photo and addresses).
- 2 (number) Address and ID proof of the POA holder. One could be passport and other can be electricity bill, water bill etc.
- Document that can prove the relationship between POA holder and POA executants. This is completely illogical since POA holder can be your friend too.But, can you really argue with a Sarkari babu? Not really!
In our case, my wife had the name of her mother listed in her passport and this proved that she is her mother.
I guess this was another googly that SDM babu tried to throw at my mother-in-law but she just hit it for a six all the way.
- You will have to submit the original POA along with the documentary proof to the SDM office.
- The general time frame for this POA to be registered is 15 business days. Off-course we did not expect any magic to happen here.The SDM office informed my mother-in-law to wait for their call and then re-visit SDM office.
- She did not receive any call even after a 1.5 month and had to visit without a call. She spoke to the SDM directly and then he approved and stamped the POA.
- Once you get this POA stamped by SDM, it is considered a registered power of Attorney.
No witness is required in SDM office for registration.
- This registered POA is now acceptable in any government office for the purpose of possession and registration (also known as conveyance deed) of property.
Is Notarized Power of Attorney same as Registered power of attorney?
The simple and straight-forward answer is NO.
This is pretty confusing and is frustration is aggravated when no-body knows the correct answer. When I was trying to find an answer, I had consulted Lawyers, Notary guys and other people sitting outside the courts. They all boast to guide you well for a good amount of money but believe me, they all just try to fool you.
Please don’t fall prey to their guidance that ‘Notarized POA is same as Registered POA‘. It is NOT.
Notarized POA is equivalent to simple POA and has no legal validity in cases of property management.
If a builder/developer has specifically asked you for “registered POA’, then you need to follow the process I have listed above.
Is ‘registered Power of Attorney’ required for Bank Home Loan Management?
If you have taken home loan for the property in question, banks would accept the special power of attorney or a general power of attorney. There is no need to get the POA registered.
In my case, the bank loan was from SBI, Gurgaon and they were fine with the Notarized POA. This POA was a special POA which specifically mentioned, that I am sharing the rights with the POA holder to execute any monetary transactions related to home loan for a specific property.
A general POA on the other hand would never name a specific property. It would just share generic set of rights but never for any specific property.
Cost of Registering Power of Attorney
The cost depends on your location. If you are in India, the total cost would be around Rs. 2500 including government fees and any lawyer fee that you may have to pay, for riding you through government’s processes.
If you are outside India, you have to check the Indian Embassy website for the cost.
But, one thing is sure that the cost would be pretty higher outside India for NRIs. So, it is advisable to get the POA made and registered while you are still in India.
Where To Register POA If Property is in other State than residential location?
Its a very good question. I faced this situation as I lived in Delhi but the property was in Gurgaon.
In this case, 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, it should Delhi.
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.
As per my knowledge, you should be able to get the POA registered either in your current residential state or the one having the property in question. But, since Haryana government passed a specific rule to this convention, I had to visit the Delhi’s registrar office.
Can The POA holder register the property with Registered POA?
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 or Validity of Registered Power of Attorney in India?
The power of attorney is valid until you revoke/cancel it.
How To Cancel Registered Power Of Attorney In India?
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.
Share your suggestions and experience in the comments.