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

Anil Gupta  4 Dec, 18      525  Finance

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.
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 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.

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 white A4 size piece of paper. Sample POA:

Register Power of Attorney In India

A. 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 though.

  4. Carry all the documentary proof documents 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.

    Do not forget to carry the POA with you.

    All the photocopies 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 the new central government in 2014 yet.

    So, it is better to get them notarized before-hand.

  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‘.

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

  1. 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.
  2. Get the POA attested by Indian Embassy/Consulate in your country of current residence with 2 witnesses.

    The process should be same all over the world in all Indian Embassies including UK, Australia, New Zealand and middle east countries.

  3. Send consulate / Indian embassy signed or attested POA to India by postal mail. In the US, USPS, FedEx, and UPS are reliable services.
  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. 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 the 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 the office of the 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

    1. Affidavit (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 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 now 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

Is Notarized Power of Attorney same as Registered power of attorney?

NO. 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 a home loan for the property in question, banks would accept either special power of attorney or a general power of attorney. There is no need to get the POA registered.

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

Cost of Registering Power of Attorney

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.

If you are outside India, you have to check the Indian Embassy website for the POA attestation fees.

Where To Register POA If Property is in other State than residential location?

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 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.