NRI Registered Power of Attorney In India

Registered power of Attorney In India required if you are NRI with Indian Embassy attestation. Sample POA template to register in SDM or registrar office.

Written by Anil Gupta
  By Anil Gupta          Updated  12 Mar, 20 #NRI #power of attorney

561        

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.

Power of attorney - NRI buying property in India
Power of attorney – NRI buying property in India

#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 POA

If you are an NRI, you should have the 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.

What is the difference between Notarized & 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 Power of Attorney Required for Home Loan?

Banks in India accept notarized Power of Attorney for the purpose of home loan. There is no need to get the POA registered.
Banks like SBI, HDFC, ICICI, PNB etc. do accept Notarized special POA.

What is the Cost of Registration of Power of Attorney in India?

The total cost of registration of power of attorney should be around Rs. 2500 including government fees and any lawyer fee that you may have to pay.

Where To Register Power of attorney in India?

Power of attorney should be registered in the state where you have a residential address proof.

Example: If you live in Delhi and the property is 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?

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

How long is Registered Power of Attorney valid?

The power of attorney stays valid until you explicitly revoke or 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.




Recent discussion on forum

  1. chash
    chash

    Thanks for the helpful article. I have a query. I bought a flat in Pune and Sale deed was registered. Now the seller is out of India and ready to send power of attorney for Apartment Deed. Do I need to send Apartment Deed to him for his sign and get it attested along with PoA?


  2. Anil.Gupta
    Anil.Gupta

    Hi @chash

    The whole purpose of registered power of attorney is to help the owner sign on the sale deed using the person mentioned in POA.

    Basically, the POA holder can sign on owner’s behalf. You would need the POA copy to safeguard your interest.
    Make sure that the POA is a registered POA and not just an attested POA.


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  561 Useful Questions & Answers

  1. Anil Advani
    Anil Advani 16 Dec, 19 at 2:37 pm

    My sister in USA has executed a GPOA in favor of myself in India registered in US consulate and stamped acknowledged notarized in India as well. While Bank of baroda has accepted it. HDFC is refusing for no good reason. Are there any laws or rbi guidelines than you can refer me to.tjat I can use as evidence to compel HDFC to accept


  2. 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.


  3. 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.


  4. 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.


  5. 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.


  6. 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!


  7. 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


  8. 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.


  9. 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.


  10. Naresh Y
    Naresh Y 21 Mar, 19 at 11:14 am

    Hi Anil..
    I and my wife are joint applicants of POA. Do we need to present both of them at the consulate(newyork) or is it possible to visit one applicant(me) and notarize my wife signature and take the passport along with the documents with me.

    Thanks,
    Naresh


    • Anil Gupta
      Anil Gupta 21 Mar, 19 at 7:18 pm

      Both should be present if you are both executing the POA. You both have to sign in front of consulate.


  11. Ravi K
    Ravi K 5 Mar, 19 at 5:15 pm

    Is Notarized POA works for registration of a flat purchased in India? POA Issuer in abroad.


    • Anil Gupta
      Anil Gupta 5 Mar, 19 at 8:12 pm

      Notarized PoA will not work. You need registered POA for purchase of flat.


  12. Floridian2013
    Floridian2013 5 Feb, 19 at 2:36 pm

    Everyone, does anyone know if there is a time limit on how soon a POA I sent from US to India that I got Registered at Consulate of India Atlanta…. needs to be also registered in India?
    I did not realize that even though I got the POA regstered in Consulate of India Atlanta, we still need to get it registered again in India!!

    The “officials” there are refusing to honor the POA as it was not registered in India within 4 months.
    Here are the steps I had to take to even send it and now I am supposed to do it all over again apparently….
    1. Write the POA and get it notarized at Bank with 2 witnesses.
    2. Then got it apostilled by State of Florida
    3. Then flew to Atlanta Consulate of India and got their stamp.
    4. Then mailed it to my mother in India.

    So nobody tell me India is Great!! It is a disgrace !!


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:28 am

      There is no official rule for timeline but 60 days is considered normal to register the POA in India.


    • p gupta
      p gupta 25 Mar, 19 at 5:51 pm

      what the hell state of Florida or any other US state has to do with POA for property in India, just getting angry for such stupid rules. and is Indian embassy good for nothing that it needs US state endorsement for Indian passport holders??


      • Anil Gupta
        Anil Gupta 25 Mar, 19 at 6:51 pm

        Please use respectable language on this forum. We can understand the frustration but the rules are rules.
        It is your choice if you want to follow them or not.


  13. Abhinav Tyagi
    Abhinav Tyagi 14 Jan, 19 at 9:47 am

    For an NRI sending POA to India, is there a time duration in which the POA has to be registered in corresponding SDM office?


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:05 am

      There is no official timeline defined by government. But, 60 days is usually considered to be standard.


  14. Tiru Narayan
    Tiru Narayan 14 Jan, 19 at 9:47 am

    While I understand the non-legality of an unregistered PoA, I do question the rationale behind registering a notarized PoA. I ask “why” this illogical rule in India? The reason for notarizing any document is for the Notary to confirm the person signing a document in his/her presence is, in fact, the person listed in the document. A Notary will check a government-issued photo ID before signing and affixing his/her seal. And a notarized document in any court of law. Of course, I am in the USA, and I learned that India rules cling to the age-old British rules without reason or rhyme.

    One challenge with the requirement of registering a notarized PoA is it creates an opportunity for Registrar to demand a bribe for registering. Recently, I gave a PoA to my cousin a notarized PoA to arrange the sale of my ancestral agricultural land. When he went to the Sub-registrar’s office in Katpadi, Vellore, Tamil Nadu, the sub-registrar asked him for Rs.6,000 as a bribe to register the PoA. Absolute nonsense. Can someone advise how such bribery can be eliminated?


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:05 am

      It’s a tough question to answer as to how can bribe be eliminated.
      We don’t have the answer at this time 🙂


  15. Sfaz
    Sfaz 13 Dec, 18 at 6:00 pm

    If I assign a POA for my property in India, and if POA is collecting rent for himself out of the property, is owner anymore responsible for filing income tax on the rental income? If not, is there a way that POA person will need to file taxes instead of the owner?


    • Anil Gupta
      Anil Gupta 13 Dec, 18 at 6:09 pm

      POA is only for giving authority to sign and act on your behalf. All the responsibility with respect to taxes still remains with you.


  16. Anil Gupta
    Anil Gupta 4 Dec, 18 at 9:05 pm

    I do not have any official reference to share. There is nothing documented.
    All the above information on is what I found myself and tried it.

    You can contact a property lawyer to get more information.


  17. Abhinav Tyagi
    Abhinav Tyagi 4 Dec, 18 at 4:26 pm

    Is there a reference for SDM office inforamtion:
    “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”


    • Anil Gupta
      Anil Gupta 4 Dec, 18 at 4:31 pm

      what specific reference are you looking for?
      Each district has different SDM office and you can find it based on the address of POA holder.


  18. Vinita Dabi
    Vinita Dabi 14 Nov, 18 at 2:56 am

    Hi, my brother is buying an apartment in Pune and he wants my mother to be the Co owner, but she can’t be present in Pune while making the agreement. So we are thinking about POA. Is it necessary for my brother and mother both to be present while making the POA? Or is it ok if my mother creates her POA and sends it to my brother?


    • Anil Gupta
      Anil Gupta 14 Nov, 18 at 6:54 am

      They can create their own separate POAs.


  19. Muthu
    Muthu 22 Oct, 18 at 9:44 pm

    Thanks


  20. Muthu
    Muthu 18 Oct, 18 at 3:27 am

    Hi Anil,
    I bought a plot at Jaipur and i gave POA to my cousin residing at Delhi. So if he can register POA in Delhi? Any idea about the fees? Thanks


    • Anil Gupta
      Anil Gupta 18 Oct, 18 at 7:27 am

      Yes, he can register POA in Delhi. Fees is pretty low (i think around 500 Rs. excluding under-the-table money)


  21. Chander Miglani
    Chander Miglani 10 Oct, 18 at 2:50 pm

    Can you please provide POA format for perperty located in New Delhi, India. My Wife and MY brother in Law who lives in U SA both hold joint property in India . I also live in USA who will be POA holder authorizing me to build ,construct ,sell and sign documents at registrar office
    Does the POA need to have Passport number or OCI number too


    • Anil Gupta
      Anil Gupta 10 Oct, 18 at 9:41 pm

      Sample PoA link is given in above article. You can use it.
      Passport number or OCI number does not need to be written in PoA.


  22. S. Radhakrishnan
    S. Radhakrishnan 21 Sep, 18 at 4:56 am

    I bought a plot of land in 1995 in Trivandrum, Kerala and I have now found a buyer for it. His lawyer scrutinized all the documents and found everything in order. However ONE document was missing. I had bought the plot from the owner who was represented by a man who had her Power of Attorney. All the details of the registered Power of Attorney are clearly mentioned in the sale deed. However, the copy of the Power of Attorney is missing and the buyer says he cannot proceed with the sale without the copy of the Power of Attorney. Despite my best efforts the owner and the man with her Power of Attorney from whom I bought the land are both untraceable and I am unable to get a copy of the Power of Attorney. What should I do? Please help me. Thanks.


    • Anil Gupta
      Anil Gupta 21 Sep, 18 at 6:51 am

      If the Power of attorney was registered, as you have mentioned, you can reach out to registrar office to get a copy of that POA.


      • S. Radhakrishnan
        S. Radhakrishnan 21 Sep, 18 at 10:08 am

        In the sale deed it mentions clearly that the POA was registered and all the document numbers and date are given. But I am worried whether the Registrar’s office will accept my application for a copy as I have heard (and I hope wrongly) that only the POA holder can ask for a copy. A bit of searching I did on the internet showed some RTI verdicts that POA is a public document and should be given to anyone who asks for it and there are some which show it is private. I think as I am the buyer the Registrar’s office should accede to my request. Are there any restrictions on asking for a copy of a POA? Thanks.


      • S. Radhakrishnan
        S. Radhakrishnan 23 Sep, 18 at 10:53 pm

        Thanks indeed for your helpful reply.

        The POA was registered and the details are given clearly in the sale deed. However when I approached the Registrar’s office here in Thiruvananthapuram I was told that a copy can be given only to the person holding the POA! But that person is untraceable. I am really at a loss what to do.

        When I did some searches on the internet I found that there was a verdict from the Right to Information office that someone in a similar situation as me had approached that the POA is a public and not a private document and should be given to anyone who requests a copy. However the Registrar’s office here refuses to budge. What can I do now?


        • Anil Gupta
          Anil Gupta 24 Sep, 18 at 8:12 am

          I do not have any experience with this situation and hence cannot really guide on what to do.
          But, money under the table can work wonders in India.


  23. Mayank Thakur
    Mayank Thakur 4 Sep, 18 at 5:08 pm

    Hi Anil- Thanks for the detailed information. I have a situation where I need to sell a property in Hyderabad, India. The property is a joint property between my wife and me. I am traveling to India to perform the sale deed transaction in sub registrar office. However, my wife will not travel. We live in San Jose California. Here are my questions,

    1. Should my wife get a PoA done on my name in US, as we are joint owners and as she will not be present to perform the sale deed transaction in Hyderabad.
    2 If the answer to above question is Yes, then what is the step for registration of PoA (i.e. after getting Apostiled and attested) as I live in US and i am traveling to perform the sale deed transaction. Where to get the PoA registered? As per your comments above the registration has to be done in India but I don’t live in India.
    3. Also, my agent in India has sent all the sale deed documents on stamp paper and need my wife’s and my signature plus thumb impressions on the sale deed. Also he wants the document to be attested here in US. Totally confused, should we sign and attest these documents here plus get a PoA? Please help

    Thanks
    Mayank Thakur


    • Anil Gupta
      Anil Gupta 4 Sep, 18 at 5:58 pm

      1. Yes, you can get your wife’s PoA and use it to sign on her behalf in Indian registrar office.
      2. You do not need to register PoA in India as you (PoA holder) live in USA. You can simply use the Apsotiled + attested PoA in India.
      3. Sale deed is different than registration. You can get the sale deed signed by your wife and get it attested too by Indian embassy.
      For registration, all owners need to be present in-person in registrar’s office. In your case, you will be present and you will use your wife’s POA to sign on her behalf in front of registrar.


  24. sonali23
    sonali23 14 Aug, 18 at 5:16 am

    Can Power of Attonery be registered in Mumbai if Property is in Palitana,Gujarat, there are total 5 legal heirs and out these 4 are staying in Mumbai & only 1 is staying in Bhavnager Gujarat, in this case can the POA still be registered in Mumbai & how??
    I require this POA for my education loan, inspite of having a registered sale deed they are asking for registred POA however I need clarity on where can the registeration be done in Mumbai or Compulsoraily in Gujarat Sub- registrar office?? pls pls help Its really urgent.


    • Anil Gupta
      Anil Gupta 14 Aug, 18 at 7:56 am

      I am not sure what kind of PoA you are talking about to education loan.
      The PoA can be registered in the registrar office, wherever the PoA holder resides and has valid address proof.

      As far as i know, PoA is just an authority to sign on behalf of someone who cannot be personally present at the time of sale of property.


      • sonali23
        sonali23 14 Aug, 18 at 8:37 am

        Hi, thanks for replying so quickly,
        yes you are right but in my case POA is with regards to transfer of property there are 5 legal heirs, and they want to transfer the property in name of only 1 legal heir i.e. my dad and this property we are keeping as collateral for loan,
        the POA was noterised however not registered & now to get it registered I wanted to know the process, can the same noterised POA be registered by help of 2 witness or will a fresh POA need be made?


        • Anil Gupta
          Anil Gupta 14 Aug, 18 at 9:00 am

          You can register the notarized PoA. No need to create a new one.


  25. Anil Gupta
    Anil Gupta 17 Jul, 18 at 10:35 am

    OK. It looks legitimate then.
    Sorry, but, I am not aware of this tax and how to go about it.


  26. Rohan Joshi
    Rohan Joshi 16 Jul, 18 at 5:28 am

    Thank you for this in-depth information. I have few doubts.

    1. Is registration of POA in India compulsory if we just want POA to handle rent agreement?

    2. The property is in Pune and POA lives in Ahmedabad. So should he go to SDM/Registrar office of Ahmedabad or Pume?


    • Rohan Joshi
      Rohan Joshi 16 Jul, 18 at 5:49 am

      Can the POA just notarized the document which was stamped by indian consulate and use it for rent agreement?


      • Anil Gupta
        Anil Gupta 16 Jul, 18 at 7:50 am

        1. Yes, you can use the Indian embassy stamped PoA for rent agreement purpose. That is fine.
        2. If you want to register this PoA, PoA holder can register it either in Ahmedabad or Pune based on where he has the address proof.


        • Rohan Joshi
          Rohan Joshi 16 Jul, 18 at 8:59 am

          So registration of POA is optional in case where it will be used for rent agreement?

          PS: thanks for prompt response


          • Anil Gupta
            Anil Gupta 16 Jul, 18 at 9:50 am

            Please understand that the ‘registration’ is always optional. Government does not force you to register the PoA.

            The only difference between un-registered PoA and registered PoA is that a registered PoA can be shown in Indian court as a proof.
            It cannot be changed as it has been registered in SDM office and they keep a copy of it.

            Now, it is your choice if you want to register it in India or not.


  27. SK
    SK 8 Jul, 18 at 6:06 pm

    I’d like to point out that for the USA residents – the notarization by Indian embassy is purely a choice and not a requirement.
    Irrespective of your visa or citizenship status one can take one of the two routes for getting a POA :-
    1) POA local notarization -> Attestation by Indian Embassy -> Registration of the POA in India.
    2) POA local notarization -> Apostille by your State authorities (NOT by State Department which is a US Federal Agency and will not attest your personal documents) -> Registration of the POA in India.

    A US notarized and apostilled document is acceptable by all participants of the Hague convention of which India is a member. If you visit the Washington DC’s Indian Embassy website in the miscellaneous services , this has been clearly mentioned that apostilled documents don’t require Embassy’s attestation.

    Some folks to be double sure have taken the POA local notarization -> Apostille by your State authorities -> Attestation by Indian Embassy -> Registration of the POA in India. This is completely unnecessary. I personally know of one case in which an OCI desposed of parental property in Lucknow using the 2) above. So please educate yourself and take the most appropriate path as per your situation.


    • Anil Gupta
      Anil Gupta 9 Jul, 18 at 7:25 am

      Thanks SK for the information.
      Yes, you are right that Either Apostile or Indian Embassy attestation is required. NOt both.
      But, I still recommend getting both done to avoid issues in Indian government offices. Many times, the sarkari officer exploits the situation when the document is not attested by Indian Embassy as they either do not know the Hague convention rule or know it, but do not follow it.


  28. nirmit dave
    nirmit dave 25 Jun, 18 at 8:58 am

    hello.. I am going to buy a property from a NRI owner. NRI owner has given POA to his brother-in-law. As I am going to take loan on this purchase, I approached SBI to verify if POA will create some trouble or not. SBI loan agent says that SBI will accept POA only if it is within blood relation of the current owner. Can you let me know if it is legally required to have POA with blood relation only? Which law governs the POS for property registrations?


    • Anil Gupta
      Anil Gupta 25 Jun, 18 at 9:08 am

      There is no such requirement of blood relations as far as I know.
      But, banks and other companies can have their own rules to avoid fraud.
      In this case, registration is allowed buy bank may need a PoA that is held by a blood relative. This is bank’s own policy.


  29. Raman
    Raman 20 Jun, 18 at 2:42 pm

    Hi Anil, Adding to vikas’s point … Does registrar office not mention anywhere in the previous GPA that it is revoked so that it can not be used somewhere else.
    or does the registrar office not ask for ths surrender /submission of the previous GPA, in case of cancellation.. your thoughts pls.


    • Anil Gupta
      Anil Gupta 20 Jun, 18 at 2:48 pm

      You are right. Ideally, they should cancel the old one or ask to surrender the old one.

      I am not sure if this is really done or not as I have not revoked any PoA yet. Also, in our country, laws vary by each state’s government office and may not be easy to track it down.
      Also, since the PoA can be registered in the state where the PoA holder resides, it is difficult to track them down too if the poA hodler has chnaged their address.
      Just my opinion.

      I am not a lawyer, so cannot really comment on what could happen in real world.


  30. vikas
    vikas 20 Jun, 18 at 1:22 pm

    Thanks.. however tow more things here.. can he cancel the GPA any time and if he cancels the GPA before my registry and I am not aware of this then how should I handle this situation . 2nd thing is , do we get the home loans on property, which are being bought through GPA


    • Anil Gupta
      Anil Gupta 20 Jun, 18 at 1:47 pm

      1. He can cancel GPA by creating a new GPA attested by Indian Embassy and then registering it in India. This takes at-least 1-2 months. So, it is unlikely that he would do it but it is possible.
      Well, I do not think that there is way to get the information from Indian registrar office unless you have contacts and ready to pay under the table.

      2. There are two things to consider. Seller is using the GPA to transfer the ownership of property or only using it as a signer on behalf of him.
      I do not think that bank will finance the GPA ownership transfer property. Each bank has their own rules. Some allow it and some not. You should check with your bank.

      Also, if the GPA is the sole property ownership document that the seller has, then it is a high risk transaction. Be careful and involve a property dealer to verify all the documents.


  31. Vikas
    Vikas 20 Jun, 18 at 1:00 pm

    Hi Anil, Thank you for sharing the information. I am buying a property in india and owner of the property lives in USA. he made the GPA to his father. However I am worried, in case he cancels /revokes the GPA during the time between today and registry . so in that case, can he file a false claim that my father was not the POA of this property at that time


    • Anil Gupta
      Anil Gupta 20 Jun, 18 at 1:05 pm

      The POA should be valid on the date of registry to be legally enforceable.
      Chekc that the GPA is stamped by Indian Embassy (USA) and then has been registered in India’s registrar office.

      If these two things have not been done, the POA is not legally valid.


  32. vrm
    vrm 18 Jun, 18 at 11:37 am

    If you attested the POA at the Indian Embassy, WHY do you need to send PP info to India ? The embassy already reviews that when attesting- its the whole purpose of attestation.


    • Anil Gupta
      Anil Gupta 18 Jun, 18 at 11:41 am

      What is PP info? Do you mean passport information?
      The passport information is needed at the time of registration of PoA in India. It is required as proof.
      There is no official list of supporting documents required in India. I have mentioned the docs that were asked from us.

      If you can get away without passport, you should be good.


  33. swathi
    swathi 14 Jun, 18 at 12:10 am

    Hi Anil ,

    Swathi here from Melbourne . Am applying for POA for Bank Home Loan purpose , I have below queries :

    1. Shall I and witness can sign POA offline ?
    2. JP {Justice of Peace} attestation is enough before going to VPF ? or It has to be notarized ?

    Thanks,
    Swathi.


    • Anil Gupta
      Anil Gupta 14 Jun, 18 at 5:50 am

      1. You and witness should sign in front of notary.

      2. In Australia, you need to first get PoA apostiled (“APOSTILED” by Australian government), and then attested by Indian high commission.
      I have not heard of JP’s attestation work for legal purpose in India. So, you should better go for Notary.
      Ask you bank if ONLY notary is okay.
      For registration of property, you will definitely need Apostile and Indian high commission attestation of PoA .

      VFS Global provides services for Attestation with Indian High Commission in Australia:
      http://www.vfsglobal.com/India/Australia/consular_miscellaneous/attestation_of_documents.html#transit_overview.

      So, it is your choice if you just want notary or not.
      Attestation process in Australia is same as in USA:
      https://www.am22tech.com/attestation-of-power-of-attorney-at-indian-consulate/


      • swathi
        swathi 14 Jun, 18 at 7:22 am

        Thanks a lot for your prompt reply.


        • Anil Gupta
          Anil Gupta 14 Jun, 18 at 7:29 am

          You are welcome. Let me know if you need more information.


  34. pradeep
    pradeep 10 Jun, 18 at 7:44 pm

    Can a US Citizen holding OCI card, PAN Card give Power of Attorney to a relative while visiting India or should the US citizen first do the POA through notary public in USA and carry the document to India and get it adjudicated in India.


    • Anil Gupta
      Anil Gupta 10 Jun, 18 at 9:08 pm

      US citizen should get the PoA Apostiled and then attested by Indian Embassy and then visit India.


      • pradeep
        pradeep 11 Jun, 18 at 5:30 am

        Dear Mr. Gupta—When the US citizen is IN India for vacation. Can he not get the POA registered personally?


        • Anil Gupta
          Anil Gupta 11 Jun, 18 at 6:32 am

          As per my information, anyone who is trying to register PoA in India needs a valid Indian residence proof.
          If you have one, you can go ahead and do it.

          In case of US citizen and US passport holder, it is important to get attestation from Indian Embassy. You cannot directly register PoA in India.
          You can consult a lawyer to get more information.
          I have just shared my own experience above. I am not a lawyer.


  35. Anil kumar
    Anil kumar 9 Jun, 18 at 2:03 pm

    Hi Anil,
    I am leaving in US and I need sell the property (4 individual sites) planning to give POA to my brother who leaves in my home town.POA should i take 4 different POA’s or i can include all the properties details in single document and attested at Indian embassy.Please provide me your suggestions.


    • Anil Gupta
      Anil Gupta 9 Jun, 18 at 7:03 pm

      It is your choice. But, I would suggest to create 4 different PoAs.


  36. Shameer Mohammed
    Shameer Mohammed 9 Jun, 18 at 4:18 am

    Hi Anil,

    I gave power of attorney to my dad for my apartment back in India. I did not maintain any copies nor did I take note of the GPA number. Is there any way I can get the numbers or copy if I need to cancel them or is there any other way out to cancel them by news paper notification without the details? Most likely what I can recall is the GPAs were unregistered(done by notary).

    Thanks


    • Anil Gupta
      Anil Gupta 9 Jun, 18 at 6:33 am

      You can create a new GPA which would list the withdrawal of powers that you gave with respect to your apartment and register it. That way, the new one will supersede all other old GPAs.
      I do not know if giving newspaper ad will cancel the GPA or not.


      • Shameer Mohammed
        Shameer Mohammed 9 Jun, 18 at 10:02 am

        Thanks for your prompt response Anil.

        I don’t want to create a new GPA. All I want is to cancel all my GPA’s given to X person…as I don’t have any details/records pertaining to the GPA’s. Thus would a blanket affidavit to revoke all the GPA’s be performed and get it registered with sub registrar and notify the relevant authorities and notify the attorney (x person) suffice?


        • Anil Gupta
          Anil Gupta 9 Jun, 18 at 12:41 pm

          Sorry, but I am not sure if an Affidavit will be able to cancel the POA.
          You should consult a lawyer on how to go about it.
          I have never done it..so I am not the best person to answer this question.


  37. Sumit
    Sumit 7 Jun, 18 at 12:14 pm

    Hi Anil,

    Thanks for the article. This is very helpful.
    Could you also please share the content of affidavit thats needs to be written on stamp paper?

    Thanks
    Sumit


    • Anil Gupta
      Anil Gupta 7 Jun, 18 at 12:17 pm

      I do not have the exact affidavit content with me. But, it is common affidavit that can be prepared by people sitting outside the registrar’s office in India.
      Just say that its ‘PoA holder’s swearing for his/her identity’. The PoA holder’s name, address needs to be mentioned saying that he is the person mentioned in the PoA. That’s it.


  38. Ankush Madaan
    Ankush Madaan 7 Jun, 18 at 9:25 am

    Hi Anil,
    I am in a bit of situation here. I have POA signed by my brother in the name of my father for the registering a property in gurgaon. The address mentioned on POA is of Amritsar as my father is permanent resident of Amritsar and have no address proof for gurgaon. can this POA be registered in GURGAON or not ?? if not, i have to get it registered in Amritsar and that will be valid in Gurgaon right ?? or nay other suggestion to get this done ??


    • Anil Gupta
      Anil Gupta 7 Jun, 18 at 9:33 am

      For registering PoA in Gurgaon, the address proof needs to be from Gurgaon (as per my last research).
      So, your father should register it in Amritsar if he has a permanent address proof there. This PoA will be valid in Gurgaon.
      This is what we also did. We registered PoA in Delhi and then used it in Gurgaon for registering the apartment in Gurgaon (Haryana).


      • Ankush Madaan
        Ankush Madaan 16 Jul, 18 at 5:17 am

        Hi Anil, thanks for update. I was able to get the POA registered i Gurgaon through the lawyer although he charged bit extra but it got registered here. I have another question and its related to tax if you have idea. what is the net tax that needs to be deducted on behalf of the seller by the buyer . currently different CA are saying different things. thanks in advance


        • Anil Gupta
          Anil Gupta 16 Jul, 18 at 7:44 am

          Hi Ankush, I am not sure what ‘tax’ are your talking about? Please clarify.


          • Ankush Madaan
            Ankush Madaan 16 Jul, 18 at 7:53 am

            Buyer has to deduct the tax on behalf of seller when the seller is NRI right ?? That’s the tax i am talking about


            • Anil Gupta
              Anil Gupta 16 Jul, 18 at 7:58 am

              I am still not clear on what tax it is that you are talking about?
              Is it stamp duty on property registration or capital gains tax or what is it? There are different types of taxes involved when selling and buying the property based on who you are i.e. seller or buyer.


              • Ankush Madaan
                Ankush Madaan 17 Jul, 18 at 12:26 am

                TDS deduction that the buyer has to deduct from the seller’s payment.


  39. bhanu pinninti
    bhanu pinninti 5 Jun, 18 at 12:33 am

    Nice article..I am living in Australia and want to give POA to my uncle in India to complete my apartment registration on behalf of me. For Attestation of Power of Attorney at Indian Consulate in Australia do i need to fill any form or just writing the content on paper will work? I remember while I was in US i did POA by using a Form 35 ( i guess..)…please suggest


    • Anil Gupta
      Anil Gupta 5 Jun, 18 at 6:13 am

      The PoA can be written on plain piece of paper.
      The attestation request has to be done using an attestation application form (called miscellaneous form in US based Indian embassies).

      In case of Australia, you have to send your PoA (written on plain piece of paper) to VFS global. This company services the requests for attestation by Indian high commission in Australia. You will have to fill VFS’s application form and pay fees to them directly.
      http://www.vfsglobal.com/India/Australia/consular_miscellaneous/attestation_of_documents.html#transit_overview


      • bhanu pinninti
        bhanu pinninti 6 Jun, 18 at 3:37 am

        Thank you so much..i will post any questions i may have while filling the form.


        • Anil Gupta
          Anil Gupta 6 Jun, 18 at 6:43 am

          You are welcome.


      • bhanu pinninti
        bhanu pinninti 6 Jun, 18 at 3:45 am

        Do i need witness in my case? or just take the POA on plain piece of paper to VHSGlobal ( office is very close to my home) , fill form and pay the fee there? what all documents i need to carry there?


        • Anil Gupta
          Anil Gupta 6 Jun, 18 at 6:43 am

          It is better to get the witness signature as it is a normal requirement in India. If you do not get the witness signature now, the PoA holder will be asked to get them in India.
          Just check the VFS global website link that I shared earlier to get the list of documents.


      • bhanu pinninti
        bhanu pinninti 6 Jun, 18 at 10:35 pm

        i have gone through this and found below..can u help me what is this means?

        All applicants should ensure that documents submitted for attestation (other than documents issued by Indian authorities) have the apostille stamp from the Australian Department of Foreign Affairs and Trade (DFAT) before submitting them to VFS centres for attestation


        • Anil Gupta
          Anil Gupta 7 Jun, 18 at 7:48 am

          Apostile means attestation by Australian government. There is an agreement between Australia and India where if any legal document is “APOSTILED” by Australian government, then that document is legally valid in India.
          Apostile simply attestation by Australian government.

          In some cases, Apostile is required in US too. Its not a big thing to get the apostile done. It is in-fact same as Attestation by Indian High commission. The only difference is that it is done by Australian Government.

          I would suggest you to first write POA.
          Second, get it apostiled by Australian goverment office.
          Third, submit it to VFS for Indian high commission attestation.

          For USA, i have listed the same steps in detail here: https://www.am22tech.com/attestation-of-power-of-attorney-at-indian-consulate/
          I will try to write for Australia soon, but the main steps remain same.


          • bhanu pinninti
            bhanu pinninti 7 Jun, 18 at 9:08 pm

            Thanks@SoanT:disqus much appreciated


  40. Suraj
    Suraj 3 Jun, 18 at 7:04 pm

    Hi Anil,
    Just one question – I am a joint allottee in the property with my wife which we need to Register in India in the next few weeks.
    I am unable to go to India but my wife is present locally. Do I also need to prepare a Special PoA in favour of my wife? Do I need to mention in the PoA text that I am a joint allottee?
    Pls do guide.
    Thanks.S
    Suraj


    • Anil Gupta
      Anil Gupta 3 Jun, 18 at 10:16 pm

      Yes, prepare SPOA to give your signing rights to your wife.
      You can mention that you are joint owner.


      • SURAJ
        SURAJ 11 Jun, 18 at 8:02 am

        IS IT ALSO REQUIRED TO PUT IN A LEFT HAND THUMB IMPRESSION ON THE SPECIAL POA?


        • Anil Gupta
          Anil Gupta 11 Jun, 18 at 8:20 am

          No, I do not think so.
          We did not give any thumb impression in our SPOA.


  41. Ajay
    Ajay 24 May, 18 at 7:22 pm

    Hi, I have a bit of a situation. My father is a UK citizen and in bad health. I am a Canadian citizen. He wants to sell his property in India and is unable to travel there due to his health. What is the best option for us? Does he have to send POA to the Indian Consulate in Canada or does he do it in the UK? What kind of challenges can I face when trying to register the POA in India, considering I am a Canadian Citizen?


    • Anil Gupta
      Anil Gupta 25 May, 18 at 7:20 am

      Your father has to get the PoA attested by Indian consulate in UK. You won’t be able to register it in India since you do not reside there.
      Indian Embassy’s attestation will work in India.


  42. Alize Khan
    Alize Khan 17 May, 18 at 12:02 am

    Dear Sir, i live in Pakistan. i need General power auttorny from my mother brother and sister and paternal brother and sister which lives in delhi to my mother. can you please let me know the process. One more question i have auttorny which they send me and it is attested from every where indian forign minsitry delhi , pakistan ambassy delhi and in pakistan forign minsitry , Indian ambassy in pakistan. Can we renew this old auttorny?


    • Anil Gupta
      Anil Gupta 17 May, 18 at 8:28 am

      Hi Alize,
      I am not sure about the process of attorney between Indian and Pakistan.
      As far As i know, there is no need to renew power of attorney. It is valid until the existing one is NOT revoked explicitly.
      Is there any date mentioned on the attorney that you currently have?


  43. Sandeep
    Sandeep 15 May, 18 at 8:18 am

    Dear sir. I live in uk . We have property in india. Few days back we came india and our family friend by cheating made power of attorney and took my mother sign. This is about all the sale , transfer etc deal related with property. Now we are back in UK. How we can save ourselves do my mother has to come india to revoke it. Evwn we do not know wether its registred as all lagal man was came home cz my family friend is lawyer
    Kindly help


    • Anil Gupta
      Anil Gupta 15 May, 18 at 8:24 am

      Well, this sounds like a case of cheating. You should have reported it to Indian police while you were there. If your mother has signed on PoA and it has been registered in Indian, it is a valid legal document.


  44. Surendar
    Surendar 11 May, 18 at 2:19 am

    Thanks for this article


    • Anil Gupta
      Anil Gupta 15 May, 18 at 8:23 am

      You are welcome.


  45. Swaroopa Juturu
    Swaroopa Juturu 9 May, 18 at 7:25 pm

    thanks for the detailed process. For POA should the 2 witnesses also come to the consulate?


    • Anil Gupta
      Anil Gupta 10 May, 18 at 5:52 am

      If you can get witness signatures notarized, they do not need to come to embassy.


      • Swaroopa Juturu
        Swaroopa Juturu 10 May, 18 at 7:49 am

        Thank you. Also the format shared is for Purchase of house. Do you have a similar format for Sale of House.


        • Anil Gupta
          Anil Gupta 10 May, 18 at 7:56 am

          You can just add a line saying that attorney can also sell the house. That’s it.


          • Swaroopa Juturu
            Swaroopa Juturu 10 May, 18 at 9:26 am

            Thank you. This article is good


  46. Virender
    Virender 18 Apr, 18 at 8:38 am

    Sir,
    I have a flat in Mohali registered in my name, which is rented. Can I give rights of receiving the house rent from the tenant to my wife by executing Notarised POA ?


    • Anil Gupta
      Anil Gupta 18 Apr, 18 at 8:45 am

      Yes, you can.


      • Virender
        Virender 18 Apr, 18 at 11:54 am

        Thanks ! Mr Anil. Can my wife show the amount of rent received as her income for income tax purpose. Kindly guide.


        • Anil Gupta
          Anil Gupta 18 Apr, 18 at 12:00 pm

          If she is receiving it on YOUR behalf, how can she show it as her income? PoA is not the way to change tax-ability.


  47. Virender
    Virender 18 Apr, 18 at 8:39 am

    Sir,
    I have a flat in Mohali registered in my name, which is rented. Can I give rights of receiving the house rent from the tenant to my wife by executing Notarised POA ?


    • Anil Gupta
      Anil Gupta 18 Apr, 18 at 8:46 am

      Yes, you can.


      • Virender
        Virender 18 Apr, 18 at 11:55 am

        Thanks ! Mr Anil. Can my wife show the amount of rent received as her income for income tax purpose. Kindly guide.


        • Anil Gupta
          Anil Gupta 18 Apr, 18 at 12:01 pm

          If she is receiving it on YOUR behalf, how can she show it as her income? PoA is not the way to change tax-ability.


  48. Tribhuwan Gupta
    Tribhuwan Gupta 6 Apr, 18 at 9:34 am

    Sir ,
    I have my property in Uttarpradesh also have an address proof / ID proof of the (UP) same location , but i mostly stay in Mumbai along with my uncle – rarely i go to my native place.
    So my question is – Can i issue my POA in my uncle name from Mumbai registrar office both are staying in Mumbai , Or do i need to go Uttarpradesh to make my Power Of Attorney. Also please let me know is there any standard clause is available in power of Attorney or can i make my own clause as per my beneficary
    Kindly help me with a Correct advise ,plssss


    • Anil Gupta
      Anil Gupta 6 Apr, 18 at 9:47 am

      It is better to choose a person who resides in Uttar Pradesh to give your PoA to.
      You can choose a person from Mumbai too and register your PoA there.
      But, the government officer in UP might create issues for you depending on the registrar office you visit at the time of selling/buying your property.


  49. Tribhuwan Gupta
    Tribhuwan Gupta 6 Apr, 18 at 9:33 am

    Sir ,
    I have my property in Uttarpradesh also have an address proof / ID proof of the (UP) same location , but i mostly stay in Mumbai along with my uncle – rarely i go to my native place.
    So my question is – Can i issue my POA in my uncle name from Mumbai registrar office both are staying in Mumbai , Or do i need to go Uttarpradesh to make my Power Of Attorney. Also please let me know is there any standard clause is available in power of Attorney or can i make my own clause as per my beneficary
    Kindly help me with a Correct advise ,plssss


    • Anil Gupta
      Anil Gupta 6 Apr, 18 at 9:46 am

      It is better to choose a person who resides in Uttar Pradesh to give your PoA to.
      You can choose a person from Mumbai too and register your PoA there.
      But, the government officer in UP might create issues for you depending on the registrar office you visit at the time of selling/buying your property.


  50. Mangesh Sawardekar
    Mangesh Sawardekar 6 Apr, 18 at 4:41 am

    Hi Anil,

    I am going to purchase a flat which are owned by husband & wife, only she has singed & registered Power of Attorney with his father. both couples are living in US and person who has PoA has told us as she is primary owner of property thus she has only signed the PoA. is this correct.

    or both owner needs to sign the PoA, please verify… Thanks in advance.


    • Anil Gupta
      Anil Gupta 6 Apr, 18 at 7:03 am

      What does ‘primary owner’ really mean? As far as i know, if her husband has joint ownership of even 1% of property, you should get his PoA as well to save yourself from hassles later.


  51. Mangesh Sawardekar
    Mangesh Sawardekar 6 Apr, 18 at 4:42 am

    Hi Anil,

    I am going to purchase a flat which are owned by husband & wife, only she has singed & registered Power of Attorney with his father. both couples are living in US and person who has PoA has told us as she is primary owner of property thus she has only signed the PoA. is this correct.

    or both owner needs to sign the PoA, please verify… Thanks in advance.


    • Anil Gupta
      Anil Gupta 6 Apr, 18 at 7:04 am

      What does ‘primary owner’ really mean? As far as i know, if her husband has joint ownership of even 1% of property, you should get his PoA as well to save yourself from hassles later.


  52. Vikas Agrawal
    Vikas Agrawal 2 Apr, 18 at 5:03 am

    Hi Anil sir,
    I want to purchase a property, but there is seller has singed & registered Power of Attorney to his relative. that case i will make sale agreement with power of Attorney holder and pay cheque to his name. please guide is it legally correct or not ??


    • Anil Gupta
      Anil Gupta 2 Apr, 18 at 8:18 am

      Legally, The sale agreement should be made with the NAME of the original owner and NOT the PoA holder.
      PoA holder is just the signing authority on behalf of the owner and nothing else.

      The payment should also be made on the name of the original OWNER.

      Has seller mentioned in the Poa that PoA holder can collect payment on owner’s behalf? If Not, then NEVER EVER make the cheque on PoA holder’s name.
      A simple sounding case may be a big fraud if you are not careful.


      • Vikas Agrawal
        Vikas Agrawal 2 Apr, 18 at 8:37 am

        thanks sir, but in POA Original saller has full power to sale or use this property, and after POA REGITERED Original Saller has no right to receive any kind of benifit like considration or sale to other.


        • Anil Gupta
          Anil Gupta 2 Apr, 18 at 8:42 am

          I am not sure what kind of PoA is this. Please check with a lawyer to understand the contents of this PoA and then take decision.


  53. Vikas Agrawal
    Vikas Agrawal 2 Apr, 18 at 5:04 am

    Hi Anil sir,
    I want to purchase a property, but there is seller has singed & registered Power of Attorney to his relative. that case i will make sale agreement with power of Attorney holder and pay cheque to his name. please guide is it legally correct or not ??


    • Anil Gupta
      Anil Gupta 2 Apr, 18 at 8:19 am

      Legally, The sale agreement should be made with the NAME of the original owner and NOT the PoA holder.
      PoA holder is just the signing authority on behalf of the owner and nothing else.

      The payment should also be made on the name of the original OWNER.

      Has seller mentioned in the Poa that PoA holder can collect payment on owner’s behalf? If Not, then NEVER EVER make the cheque on PoA holder’s name.
      A simple sounding case may be a big fraud if you are not careful.


      • Vikas Agrawal
        Vikas Agrawal 2 Apr, 18 at 8:38 am

        thanks sir, but in POA Original saller has full power to sale or use this property, and after POA REGITERED Original Saller has no right to receive any kind of benifit like considration or sale to other.


        • Anil Gupta
          Anil Gupta 2 Apr, 18 at 8:44 am

          I am not sure what kind of PoA is this. Please check with a lawyer to understand the contents of this PoA and then take decision.


  54. Sunny Sharma
    Sunny Sharma 1 Apr, 18 at 10:20 am

    Hi Anil,

    My wife and I are in the US. We are joint owners of a property in Noida. In order to sell this property, should we create separate POA or can it be 1 POA?

    Thanks.
    Sunny Sharma


    • Anil Gupta
      Anil Gupta 1 Apr, 18 at 12:54 pm

      You can either create separate or joint PoA. It is your choice.
      Joint will save you money for attestation and registration of PoA in India.

      I would suggest to go with Joint PoA.


      • Sunny Sharma
        Sunny Sharma 1 Apr, 18 at 4:42 pm

        Thanks Anil.


  55. Sunny Sharma
    Sunny Sharma 1 Apr, 18 at 10:21 am

    Hi Anil,

    My wife and I are in the US. We are joint owners of a property in Noida. In order to sell this property, should we create separate POA or can it be 1 POA?

    Thanks.
    Sunny Sharma


    • Anil Gupta
      Anil Gupta 1 Apr, 18 at 12:56 pm

      You can either create separate or joint PoA. It is your choice.
      Joint will save you money for attestation and registration of PoA in India.

      I would suggest to go with Joint PoA.


      • Sunny Sharma
        Sunny Sharma 1 Apr, 18 at 4:43 pm

        Thanks Anil.


  56. Gaurav Chadha
    Gaurav Chadha 22 Mar, 18 at 5:13 am

    Hi Anil,

    I have a similar situation. Where property is in gurgaon and i am living in bangalore. So is POA registered in Banglore can be used in Gurgaon for making registered rent agreement?

    Gaurav


    • Anil Gupta
      Anil Gupta 22 Mar, 18 at 6:42 am

      Yes, it is possible.
      We registered POA in Delhi and used it in Gurgaon i.e. two different states.
      But, it is advisable to register it in Gurgaon, if possible.


      • Gaurav Chadha
        Gaurav Chadha 26 Mar, 18 at 7:04 am

        Thanks Anil. Can you also let know what should be the value of stamp paper that is required for POA ?


        • Anil Gupta
          Anil Gupta 26 Mar, 18 at 7:44 am

          No stamp paper is required. It is optional.
          But, if you really want to use stamp paper, use a RS. 100.


  57. Gaurav Chadha
    Gaurav Chadha 22 Mar, 18 at 4:44 am

    I had a similar situation where i live in bangalore and property in gurgaon. So is POA registered in bangalore works in Gurgaon?


  58. Gaurav Chadha
    Gaurav Chadha 22 Mar, 18 at 5:14 am

    Hi Anil,

    I have a similar situation. Where property is in gurgaon and i am living in bangalore. So is POA registered in Banglore can be used in Gurgaon for making registered rent agreement?

    Gaurav


    • Anil Gupta
      Anil Gupta 22 Mar, 18 at 6:43 am

      Yes, it is possible.
      We registered POA in Delhi and used it in Gurgaon i.e. two different states.
      But, it is advisable to register it in Gurgaon, if possible.


      • Gaurav Chadha
        Gaurav Chadha 26 Mar, 18 at 7:06 am

        Thanks Anil. Can you also let know what should be the value of stamp paper that is required for POA ?


        • Anil Gupta
          Anil Gupta 26 Mar, 18 at 7:46 am

          No stamp paper is required. It is optional.
          But, if you really want to use stamp paper, use a RS. 100.


  59. Jenny Mendes-van Beinum
    Jenny Mendes-van Beinum 22 Mar, 18 at 12:37 am

    Hi, Thanks for giving so much detailed information, I have been told that when you are not a relative of the owner of the property you can only receive limited rights through a PoA when you are appointed as Attorney, whereas relatives who receive a PoA can have more rights, is this true and if so, is there a law that prescribes this or proof of the contrary? At the risk of stating the obvious, I am asking about Indian Laws.

    Also, is there any such thing as irrevocable PoA?


    • Anil Gupta
      Anil Gupta 22 Mar, 18 at 6:42 am

      I do not know of any such law, if it exists. As per my information, there is no restriction.


  60. Jenny Mendes-van Beinum
    Jenny Mendes-van Beinum 22 Mar, 18 at 12:36 am

    Hi, Thanks for giving so much detailed information, I have been told that when you are not a relative of the owner of the property you can only receive limited rights through a PoA when you are appointed as Attorney, whereas relatives who receive a PoA can have more rights, is this true and if so, is there a law that prescribes this or proof of the contrary? At the risk of stating the obvious, I am asking about Indian Laws.

    Also, is there any such thing as irrevocable PoA?


    • Anil Gupta
      Anil Gupta 22 Mar, 18 at 6:41 am

      I do not know of any such law, if it exists. As per my information, there is no restriction.


  61. Tutu420
    Tutu420 19 Mar, 18 at 2:52 am

    Hi, thank you so much for such a detailed piece with all the information about POA and how to register it and actually use it. I am wondering do you know anything about hot to get NOC from bank if you have ever taken loan for your flat. Can you do that without physical presence?


    • Anil Gupta
      Anil Gupta 19 Mar, 18 at 7:35 am

      Normally, the private banks like ICICI send the NOC automatically to your address once the loan is closed.
      For public bank, you will have to do a bit of leg work. Physical presence is NOT required. But, the rules differ by each bank.
      Any of your friend or relative can visit the bank and get it with your simple authorization letter.

      We once got it from SBI by just sending a hand written letter with sign and my mother-in-law collected it.


  62. Tutu420
    Tutu420 19 Mar, 18 at 2:53 am

    Hi, thank you so much for such a detailed piece with all the information about POA and how to register it and actually use it. I am wondering do you know anything about hot to get NOC from bank if you have ever taken loan for your flat. Can you do that without physical presence?


    • Anil Gupta
      Anil Gupta 19 Mar, 18 at 7:36 am

      Normally, the private banks like ICICI send the NOC automatically to your address once the loan is closed.
      For public bank, you will have to do a bit of leg work. Physical presence is NOT required. But, the rules differ by each bank.
      Any of your friend or relative can visit the bank and get it with your simple authorization letter.

      We once got it from SBI by just sending a hand written letter with sign and my mother-in-law collected it.


  63. anu
    anu 13 Mar, 18 at 1:25 pm

    Hello, My parents have bank accounts in India & mutual funds. Some mutual funds need to be closed after term is up. These monies need to be deposited into Indian bank accounts. Are there any consultants/CA’s/other people in India that can handle this if my parents give Power of Attorney to a relative of ours in India? Please advise. Any help would be great. Thanks, Anu


    • Anil Gupta
      Anil Gupta 13 Mar, 18 at 1:38 pm

      I do not know of any such consultants in India.
      But, these days all mutual funds can be converted to online accounts and then you can simply sell them and get the money directly deposited into your Indian bank account.
      I have myself done this while staying abroad.
      You need to check with your MF bank/broker on how to do it.


      • anu
        anu 13 Mar, 18 at 2:44 pm

        Thank you Anil. Appreciate the reply. This is probably a dumb question – what’s an MF bank/broker?


        • Anil Gupta
          Anil Gupta 13 Mar, 18 at 8:04 pm

          MF Bank = Mutual Fund bank. The bank who’s Mutual funds you have bought.
          MF broker = Mutual fund management companies like https://www.camsonline.com/


          • anu
            anu 14 Mar, 18 at 5:43 pm

            Thank you Anil!


  64. anu
    anu 13 Mar, 18 at 1:26 pm

    Hello, My parents have bank accounts in India & mutual funds. Some mutual funds need to be closed after term is up. These monies need to be deposited into Indian bank accounts. Are there any consultants/CA’s/other people in India that can handle this if my parents give Power of Attorney to a relative of ours in India? Please advise. Any help would be great. Thanks, Anu


    • Anil Gupta
      Anil Gupta 13 Mar, 18 at 1:39 pm

      I do not know of any such consultants in India.
      But, these days all mutual funds can be converted to online accounts and then you can simply sell them and get the money directly deposited into your Indian bank account.
      I have myself done this while staying abroad.
      You need to check with your MF bank/broker on how to do it.


      • anu
        anu 13 Mar, 18 at 2:45 pm

        Thank you Anil. Appreciate the reply. This is probably a dumb question – what’s an MF bank/broker?


        • Anil Gupta
          Anil Gupta 13 Mar, 18 at 8:05 pm

          MF Bank = Mutual Fund bank. The bank who’s Mutual funds you have bought.
          MF broker = Mutual fund management companies like https://www.camsonline.com/


          • anu
            anu 14 Mar, 18 at 5:44 pm

            Thank you Anil!


  65. xyz
    xyz 4 Mar, 18 at 1:31 am

    hi i have new question.My father put an application for a plot through development authority.My dad died before allotment of land.than all my brother signed an NOC that my mother will be the owner of that property.After that my mother did a will in my name saying that because i paid half of the amount of land so i will have the half share of the land and rest of the share will be divided in 6 brother including me. Now i want to sell my share. what should i do? can my brother put any objection?


    • Anil Gupta
      Anil Gupta 4 Mar, 18 at 8:49 am

      Hi, this question is out of scope of this article.
      I have no experience with this and would request you to consult a property lawyer.

      As a standard, the will supersedes and if it mentions you will have half share, then you should get half share.


  66. xyz
    xyz 4 Mar, 18 at 1:32 am

    hi i have new question.My father put an application for a plot through development authority.My dad died before allotment of land.than all my brother signed an NOC that my mother will be the owner of that property.After that my mother did a will in my name saying that because i paid half of the amount of land so i will have the half share of the land and rest of the share will be divided in 6 brother including me. Now i want to sell my share. what should i do? can my brother put any objection?


    • Anil Gupta
      Anil Gupta 4 Mar, 18 at 8:50 am

      Hi, this question is out of scope of this article.
      I have no experience with this and would request you to consult a property lawyer.

      As a standard, the will supersedes and if it mentions you will have half share, then you should get half share.


  67. Abdul Farzon SK
    Abdul Farzon SK 19 Feb, 18 at 12:38 am

    Grand mother is petitioner on Partition suit plea to Court wants separation but her offspring trying to chaos in Suit and prolonging in this Situation can she appeal in the court for permission to sell her share to someone without another party signature or any intervention ?


    • Anil Gupta
      Anil Gupta 19 Feb, 18 at 11:53 am

      Hi Abdul,
      Sorry, I have no experience with this case. Please consult a property lawyer for better advise.


  68. Abdul Farzon SK
    Abdul Farzon SK 19 Feb, 18 at 12:31 am

    This is an Excellent Lesson you shate here with us I am much thankful to you, I humbly request you Kindly share me in details about Wasiyat or WILL. Partition Suit is in Contest in court of Law Can I still make will and WILL can be Valid in Probate 2 Mutation is done on owned land 3 owner name on record but Patta is not separated can still distribute her share to anyone?


    • Anil Gupta
      Anil Gupta 19 Feb, 18 at 11:53 am

      Hi Abdul,
      Sorry, I have no experience with this case. Please consult a property lawyer.


  69. Preeti
    Preeti 14 Feb, 18 at 12:45 pm

    The only sensible and to the point information I could find anywhere on web regarding POA. Thank you very much for the detailed post. Incredible!


    • Anil Gupta
      Anil Gupta 14 Feb, 18 at 12:58 pm

      You are welcome. I am glad it helped you.


  70. Ashwin Kovummal
    Ashwin Kovummal 4 Feb, 18 at 7:47 am

    Anil,
    A follow up question. I got the contents of the POA ( building details etc) from the builder in Mumbai.
    However this has turned into a a multi page document – 6 in total.

    I got my two witness to sign the last page ( #6) with the Notary @ the bank – who stamped it also.

    The question that
    (a) I have is do we need to sign/initial all the pages ( Which I did not at the bank)
    (b) I am assuming we do, who needs to :
    Does both the Witness and the Executor –
    Also does the notary have to sign all pages ?? that would be painful

    I will be getting the entire document attested at the NYC consulate this week

    Thanks, Appreciate your help

    -AK


    • Anil Gupta
      Anil Gupta 4 Feb, 18 at 9:40 am

      It depends on your choice. Indian embassy will ask you how many attestation do you want?
      As per my opinion, it is always better to have all pages signed by ALL the parties involved. This makes the whole document TAMPER proof for life.

      Imagine, if you just get the last page signed by you, witness and Indian consulate and sometime after 2 years, somebody can replace an internal page to say something else.
      You will not be able to prove that it is NOT an original paper since it has no signatures!

      You have both options to get all pages signed and attested or just the last one. You decide.
      Remember: Embassy just verifies the signatures. They have nothing to do with what’s written in the document or how many pages you add to it. They do not take any guarantee or responsibility of the document.


  71. sivaselvi gunasekaran
    sivaselvi gunasekaran 3 Feb, 18 at 8:25 pm

    good morning. I wonder whether you can help us with your guidance.
    I am an NRI with American passport and my daughter and son are natural born american citizens with American passport. My husband has inherited properties in Tamil Nadu which has been officially gifted to me in 2014. Currently my husband and I are in Tamil Nadu and we are trying to register Power of attorney(POA) forms (notarized in USA) by me and by my son and daughter. We are giving general power of attorney to a relative living near the area of properties as we would like to sell some of the land properties as and when possibilities of sales come through. We live in Florida, our daughter lives in Oregon and our son lives in Texas. Now we are told by document writers here that we need LIFE CERTIFICATE for my son and daughter to register POAs. We are very confused as to how life certificates are to be done for people who live abroad. Can a doctor in Oregon and Texas execute a life certificate for our daughter and son? How long the life certificates are valid? Is it needed only at the time of sale of a property or even to register a general power of attorney.
    We would appreciate any in put regarding this and will be thankful.
    Regards,
    Selvi


    • Anil Gupta
      Anil Gupta 4 Feb, 18 at 9:36 am

      To be honest, I have no experience with ‘LIFE Certificate’ as such.
      But, it sounds like a doctor can give it in US. But, it will still be required to be ‘Attested by Indian embassy’ to be acceptable in India.


  72. Gurmeet kaur
    Gurmeet kaur 2 Feb, 18 at 3:25 pm

    Hello Anil your article is great. I need to ask you one thing regarding power of attorney. Is that possible i can call you.
    Thanks.


    • Anil Gupta
      Anil Gupta 2 Feb, 18 at 3:51 pm

      Sorry, but, I do not share my number on public platform.
      You can ask your question anonymously (without sharing your name or email) here.


      • Gurmeet kaur
        Gurmeet kaur 2 Feb, 18 at 10:10 pm

        Ohk Thanks


  73. Nisheet Goenka
    Nisheet Goenka 31 Jan, 18 at 6:03 am

    Hello Anil, Thanks for the valuable post. This really is very helpful. Had couple questions:
    1) Do you know if there is any time limit after getting POA attested from Embassy before which it should be registered? I mailed the document to India from USA but due to postal issues got there after 2 months.
    2) Also, u mentioned u will share the affidavit, I did not find the affidavit, is it something that you can share?

    Thank you in advance


    • Anil Gupta
      Anil Gupta 31 Jan, 18 at 6:37 am

      1. There is no official time limit to register the PoA in India. But, it is advisable to do it as soon as it is received.
      2. Unfortunately, i have lost the affidavit’s picture. It is a simple affidavit to be created by the POA holder saying that ‘ I am so and so residing at this address’. It is kind of swearing in by the Poa holder to accept to his/her identity.


      • Nisheet Goenka
        Nisheet Goenka 5 Feb, 18 at 10:01 am

        Anil, had another questions and thought of checking with you. Do we need to pay stamp duty for getting POA registered in India


        • Anil Gupta
          Anil Gupta 5 Feb, 18 at 12:44 pm

          No, Stamp duty is applicable for PoA registration.
          But, there is a nominal fees and it varies by each state. In Delhi we spent around 2500 INR including under-the-table money 🙂


          • Nisheet Goenka
            Nisheet Goenka 5 Feb, 18 at 3:22 pm

            Thanks again Anil!


  74. Russel
    Russel 29 Jan, 18 at 4:19 pm

    Hello! WE live in Australia. In 2006 my wife gave our son a Power of Attorney to purchase a property jointly with me. Our son and I attended the Mangalore office and had the POA and an affidavit stamped and the property was subsequently registered in joint names of myself and my wife.
    In selling the property, once again my wife is not able to make it from Australia to Mangalore, so she gave me a POA to act for her.
    The original affidavit in 2006 cannot be found, and the purchasers are requesting another affidavit be prepared by my wife to confirm that our son was acting for her. Is this necessary, if the originals cannot be located.


    • Anil Gupta
      Anil Gupta 29 Jan, 18 at 8:15 pm

      Well, it is not required but purchaser can sense fraud, if it is not available. If you think from ‘purchaser’ point of view, they would like to have the full chain of documents to make sure there are no issues later.


  75. Ashwin Kovummal
    Ashwin Kovummal 27 Jan, 18 at 9:08 am

    Hi Anil,
    We live in the US ( NYC Consulate). I have US Passport / PIO & Pan Cards / No Aadhaar cards.
    We need to go to Mumbai to register a flat. Given that this is a short trip, would like to avoid both of us traveling to Mumbai.

    Can I get a POA from the Indian NYC consulate ( as described by you in your articles) from my Wife to me – and use that to register the flat in “both” our names ?

    (a) Will that work ? (b) or do I need to register the POA in Mumbai ?

    Thanks

    -Ashmk


    • Anil Gupta
      Anil Gupta 27 Jan, 18 at 9:37 am

      1. Yes your wife can give you POA to sign on her behalf.
      2. You won’t be able to register POA in Mumbai since neither you (PoA holder) nor your wife (PoA executor) stay in Mumbai. A valid residence address proof is required to register POA at city/state of residence.
      You can simply use the Indian Consulate’s attested POA. This should work.


      • Ashwin Kovummal
        Ashwin Kovummal 27 Jan, 18 at 11:32 am

        Great. Thanks for the prompt response
        Appreciate your help

        -Ak


        • Ashwin Kovummal
          Ashwin Kovummal 3 Feb, 18 at 8:33 pm

          Anil,
          A follow up question. I got the contents of the POA ( building details etc) from the builder in Mumbai.
          However this has turned into a a multi page document – 6 in total.

          I got my two witness to sign the last page ( #6) with the Notary @ the bank – who stamped it also.

          The question that
          (a) I have is do we need to sign/initial all the pages
          (b) I am assuming we do, who needs to :
          Does both the Witness and the Executor –
          Also does the notary have to sign all pages ?? that would be painful

          I will be getting the entire document attested at the NYC consulate this week

          Thanks, Appreciate your help

          -AK


  76. lakshmi
    lakshmi 26 Jan, 18 at 9:53 am

    Can a PoA registered in Hyderabad, be used to sell a property in Chennai?


    • Anil Gupta
      Anil Gupta 26 Jan, 18 at 9:58 am

      The POA should ideally be registered at the place where the property is located. That makes it easy to avoid issues with government jurisdictions across states.
      You can register it in Hyderabad too but, it will vary with state laws.


  77. vineet dhar
    vineet dhar 23 Jan, 18 at 12:57 am

    Hi,
    I have a different question.
    Can a resident indian (not NRI) issue PoA to any relative to register property in a different state?
    It is that I am unable to travel to that state.

    Regards


    • Anil Gupta
      Anil Gupta 23 Jan, 18 at 8:06 am

      Yes, they can.


  78. Nagaraju
    Nagaraju 20 Jan, 18 at 9:14 am

    Hi, i have peculier question, I want to purchase a flat in chennai muncipality. Land owner given power of attorney to her husband to construct and sell the house. but this POA person saying to me that transaction shall be done with some other person (to avoid income tax). I said his name is not there in any of the documents. How bank will give check to him/ how he can sign on the document. Then he says he will give power of attorney to him and prepare accordingly. whether can i proceed with this option. please help in this!!!


    • Anil Gupta
      Anil Gupta 20 Jan, 18 at 11:40 am

      This sounds like a fishing trap.
      I would not recommend buying property in this way.

      God forbid, if original owner claims that they never sold the property to you, after you have bought the property with this POA, what will you do to claim it is yours?
      You will have no proof.


      • Nagaraju
        Nagaraju 20 Jan, 18 at 10:10 pm

        Thank you anil ji.. but 2 points i want to clarity. I m approaching bank loan. So bank will check all these formalities? I hope bank cannot give money or check just like that..
        Second, he says all power attorney is valid as per government that nobody can deny that your flat..*(owner of land)… I m surprise and confuse.. please your suggestion…


        • Anil Gupta
          Anil Gupta 21 Jan, 18 at 10:43 am

          1. Yes, bank will check all these formalities. But, you are finally responsible for everything. Bank will NOT forgive their loan in case there is an issue later. You will still have to pay them back the money.
          2. I cannot comment on what the owner claims. Do you think he is himself going to say that my POA is NOT valid legally? You have to do your due diligence before paying any money. You can hire a property lawyer to get the POA and other papers verified before making the decision.


          • Nagaraju
            Nagaraju 21 Jan, 18 at 11:36 am

            Thank you so much anil ji your valuable suggestions


            • Anil Gupta
              Anil Gupta 21 Jan, 18 at 6:32 pm

              You re welcome.


  79. Nagaraju
    Nagaraju 20 Jan, 18 at 8:44 am

    HI, i have a peculier question.


  80. sarita talwar
    sarita talwar 14 Jan, 18 at 5:16 am

    Hi, this is in regards to an HUF property of which my husband is the ‘Karta’. My daughter is moving abroad soon and we wanted to make a POA in which my daughter can assign the rights of selling/leasing the property to me (mother)/ my husband (her father) or my son (her brother). Please advise the correct procedure and who should be made the signing authority on her behalf.


    • Anil Gupta
      Anil Gupta 14 Jan, 18 at 11:09 am

      Its your daughter’s choice to choose, anyone that she want, to be responsible to sign on her behalf.


      • sarita talwar
        sarita talwar 14 Jan, 18 at 11:13 am

        Thank you so much Anil ji


        • Anil Gupta
          Anil Gupta 14 Jan, 18 at 11:16 am

          You are welcome.


          • sarita talwar
            sarita talwar 6 Mar, 18 at 2:16 am

            Hi, to continue my previous query, I was informed by a lawyer that if the ‘Karta’ in HUF property is alive then consent of others of the family is not required for sale of the property unless specifically mentioned in the Agreement. Am confused as the broker tells me that I still require a power of attorney and also even if I take a Power of attorney from daughter before she moves abroad I will require a fresh one at the time of selling the property if it is after a few months/years. Need clarification please


            • Anil Gupta
              Anil Gupta 6 Mar, 18 at 8:09 am

              Your earlier question was about who should your daughter assign as signing authority on her behalf.
              I am not a lawyer and hence can’t really comment on who has the final say in HUF sale.

              As far as PoA is concerned, anybody can make it and it remains valid till it is explicitly revoked. So, if you daughter creates a PoA before going abroad, it will remain valid till the time she explicitly revokes it.


  81. Asif S
    Asif S 10 Jan, 18 at 1:18 pm

    Can u pls let me know whether can i get the certified true copy of power of attorney in respect of yrs before 2010 in mumbai?..


    • Anil Gupta
      Anil Gupta 10 Jan, 18 at 11:07 pm

      You mean, you need a copy of registered POA from registrar’s office?

      If yes, then, I do not know the process.


  82. Narendra Singh
    Narendra Singh 9 Jan, 18 at 6:22 pm

    Hello Anil,

    Can you please share format and content of Affidavit (To be written on stamp paper of Rs. 80 or Rs. 100).
    One that POA holder would present to SDM office.


    • Anil Gupta
      Anil Gupta 9 Jan, 18 at 6:34 pm

      Unfortunately, I have lost the copy of that affidavit.
      It is a simple one where the POA holder has to say ‘I am the so and so person residing at address’.
      That’s it. It is a simple identification affidavit.


      • Narendra Singh
        Narendra Singh 9 Jan, 18 at 6:42 pm

        Thanks Anil !!!


  83. Sachin
    Sachin 8 Jan, 18 at 7:29 am

    Hi Anil. I am selling a property which is in my wife and my name. property was bought in 2009 and we had give specific POA to my brother. POA was registered as well. Now am based in UK and was hoping my brother can sign the agreement. Getting mixed response from lawyers who have consulted registrars. they say rules have changed and my wife cannot give POA to my brother as he is not blood relation…..i checked various material and there is no clarity on the matter. in general, given my POA is older document it should still be valid…the same is mentioned in this article at the end….

    http://hariani.co.in/May_03_2013.php

    ..it says even unregistered older POA is legally valid but can be questioned/challenge by registrar….is this a case of registration office making their own law?


    • Anil Gupta
      Anil Gupta 8 Jan, 18 at 2:22 pm

      1. Your POA, if not revoked is still valid. Your wife’s brother can use it to sign on your and your wife’s behalf.
      2. Unfortunately, in India, the rules change with each registrar office. They try to tweak things to earn some under-the-table money.

      The registered POA is perfectly legal and correct way of doing things in your case.


      • Sachin
        Sachin 9 Jan, 18 at 7:52 am

        thanks Anil.


  84. stuti puri
    stuti puri 6 Jan, 18 at 12:52 am

    Hi Anil.
    I and my father are joint owners of JP flat in Noida, UP, which is ready for registration. I am Allotee no 1 & live in Delhi.
    Since my father is quite old and lives in Gujrat, it will not be possible for him to travel- I am seeking SPoA from him which will be registered in his hometown in Gujrat only.

    I want to understand that will I need to be present physically to register the SPoA in front of the registrar or can my father get it done on his own?

    Please reply at the earliest as I am also due to shift out of India in next 2 months & need to get the flat registration/possession process complete ASAP.

    Many Thanks,


    • Anil Gupta
      Anil Gupta 6 Jan, 18 at 9:48 am

      Yes, your father can register the POA at his place of residence.
      Since you are currently in India, it is better to be present in Gujarat in the registrar’s office while your father is creating SPoA.


      • stuti puri
        stuti puri 6 Jan, 18 at 10:50 am

        Many thanks for your revert.
        Warm Regards


  85. Shaheen
    Shaheen 27 Dec, 17 at 4:26 am

    I have a 100 SqYd second floor flat in Batla House, New Delhi – 110025. I purchased it in October 2011. The GPA is not registered yet. can i get it registered now.


    • Anil Gupta
      Anil Gupta 27 Dec, 17 at 9:15 am

      I am not really sure about this particular case. You should consult a property lawyer.


  86. SK
    SK 26 Dec, 17 at 5:34 am

    Hi Anil, have a question. I am in UK now and wanted to create a POA for my parents to execute a property sale. From the 1st para and the ‘v’ bullet at https://www.hcilondon.in/pages.php?id=72 ………. it seems the POA which we build out side India will be an Notarised copy and not the registered one, which can not be used for Buy or Sell property ?


    • Anil Gupta
      Anil Gupta 26 Dec, 17 at 8:33 am

      The POA that you create outside or inside India, both are considered ONLY notarized (or attested POA) if you do not register them specifically in registrar’s office.
      The process of going to Indian consulate (or embassy) and their stamping (with sign) is only the ATTESTATION part. This article talks about attestation here: https://www.am22tech.com/attestation-of-power-of-attorney-at-indian-consulate/

      The registration has to be done in India after attestation is completed, in the POA holder’s local registrar office.
      I have given the step by step details for registration in above article.


  87. Chandrakant Kulkarni
    Chandrakant Kulkarni 21 Dec, 17 at 8:58 am

    Hi Anil, Thanks for the detailed information. Is it possible to register a special power of attorney in India with the address of the property left blank? We are still searching for the property to buy and may not be able to find one before I return to the US.


    • Anil Gupta
      Anil Gupta 21 Dec, 17 at 10:46 am

      No. Its not possible to leave the address blank.
      The whole purpose of special POA is to safeguard your delegation of powers for that specific property.

      if you are leaving that field blank, it will be counted as a general POA and might not be acceptable later.


      • Chandrakant Kulkarni
        Chandrakant Kulkarni 22 Dec, 17 at 6:12 am

        Thank you for the response Anil. You have been very helpful.


        • Anil Gupta
          Anil Gupta 22 Dec, 17 at 7:51 am

          You are welcome.


  88. Sandeep
    Sandeep 18 Dec, 17 at 12:44 am

    Hi Anil,
    How are you? I had contacted you 6 months back. I would like to revoke the General POA i had given to my brother 5 years back and plan to head to Mumbai soon to do it personally at the same Registry – as per your recommendations given. I do not need to issue any new POA. However upon checking with a local lawyer, he said the Registry has refused to do it without both parties being present. They said the guidelines have changed 6 months ago even though my Lawyer argued that I am the giver of the POA so i should have full right to revoke that right from any party i wish to – without that party’s consent! My issue is that my flat purchased needs to Registered with Stamp Duty as a sole owner. The POA makes me tense that my brother could access the flat and transfer name to himself. Am very surprised by the Registry’s reply.
    Thanks n best,
    Sandeep


    • Anil Gupta
      Anil Gupta 18 Dec, 17 at 7:22 am

      I can understand your concern.
      The problem in India is that there are no published rules available online for a common man to read and understand.

      The registrar office just sometimes make up some rules to extract some extra money. IN our case, they asked us to show the envelope (in which POA was mailed to India) as a proof. That was weird.

      I would suggest to get the registration done as quickly as possible and revoke POA, specifically if you have given ‘Selling’ rights in your POA. That could be used against you if you have not revoked it.


      • Sandeep
        Sandeep 20 Dec, 17 at 5:41 am

        Thanks Anil yes i plan to register the Flat at once but Registry refuses to revoke without my brother being present to sign. They say the only way is to hire an Advocate N file a court case which can take years and would require me to constantly fly down. Sad system…someone needs to highlight this issue to the Modi Government


        • Anil Gupta
          Anil Gupta 20 Dec, 17 at 7:26 am

          Is your brother is not ready to come to registrar office and sign?


  89. Vishnu Muralidharan
    Vishnu Muralidharan 10 Dec, 17 at 4:34 pm

    Hi Mr. Gupta,

    Thank you so much for the informative post. I have based my General POA on the structure you have provided above. I just have one question. i noticed that in many other templates online, I find something like this: “Signed this Day, month, Year in the presence of two witnesses”. However, I did not find that in the attested image above. My two witnesses cannot travel with me to the Indian Consulate and hence i plan to get their signatures in the presence of a Notary. So if i am doing this, the above statement, “Signed….. in the presence of two witnesses” is invalid. Should i include this in my General POA? Please advise.


    • Anil Gupta
      Anil Gupta 10 Dec, 17 at 7:08 pm

      I do not recommend adding this statement if you are NOT signing too. If you want, you can sign at the same time as witness are signing and then sign one more time in front of Indian consulate.


      • Vishnu Muralidharan
        Vishnu Muralidharan 10 Dec, 17 at 9:57 pm

        I see. Thank you so much for the guidance. Just one more question popped up while I was finalizing the document. Can the witnesses be in the same address? They are husband and wife. Is it acceptable? Apologies for the botheration.


        • Anil Gupta
          Anil Gupta 11 Dec, 17 at 8:32 pm

          Yes, they can be at same address. it does not matter.
          The idea is to get two separate individual’s to witness.


  90. Manish
    Manish 6 Dec, 17 at 9:57 pm

    Hi Anil
    Thanks for the nice article. I have a couple of queries…all involving rental management of properties.
    1) Can a single PoA cover management of 2 flats? Or should we create a separate PoA for each?
    2) Is a PoA required even if the person doing the rental agreement is a co-owner?
    Thanks,
    Manish


    • Anil Gupta
      Anil Gupta 7 Dec, 17 at 7:27 am

      There are no specific rules written anywhere for Power of Attorney. So, everything is dependent on your own convenience, safety and security.
      1. I would recommend creating two separate special POA. Once for each flat.
      2. POA is required where-ever the co-owner is supposed to sign. POA only gives the right to sign on behalf of the original owner.


      • Manish
        Manish 8 Dec, 17 at 8:44 pm

        Thank you Anil.


        • Anil Gupta
          Anil Gupta 8 Dec, 17 at 9:41 pm

          You are welcome.


  91. naaz
    naaz 3 Dec, 17 at 6:01 am

    hii,

    i.need an information about buying a flat at power of attorney area, like laxmi nagar delhi, my father has sold his land in 44 lc that was a registered property , now we want to buy flat at laxmi nagar for 45 lacs but that area is not registerd all the flat there is on power of attorney , i want to know about the income tax process on this case, as i know if we sell a prooerty n buy a new property of same amount within a year my income tax will become zero on that money


    • Anil Gupta
      Anil Gupta 3 Dec, 17 at 8:42 pm

      Sorry. You question is not related to this article.
      We have no information about tax treatment. Please consult a property lawyer.


  92. shakti
    shakti 1 Dec, 17 at 9:05 am

    Hi Anil,
    ref… ancestral property
    Once my sister sells the property using my POA, how is the payment handled for my share? Specially if I don’t have a bank account in India.
    Thanks,
    Shakti


    • Anil Gupta
      Anil Gupta 1 Dec, 17 at 10:49 am

      It depends on your personal arrangement. if they can accept the payment and send it via wire transfer to you in USA.
      Or whatever other arrangement you want to make.

      If you want her to collect your portion of payment on your behalf, do mention this point in POA too.


      • shakti
        shakti 1 Dec, 17 at 11:07 am

        Thanks Anil…


  93. Sandeep Kaul
    Sandeep Kaul 1 Dec, 17 at 12:43 am

    Hi Anil,
    I am an NRI & i have to give POA to my relative as my property is in mumbai for selling & renting purpose. Can you please tell me how much time does POA takes to frame as i can go only for 1-2 days to mumbai. Please tell me the whole procedure for POA making?What all things should i take care before coming to mumbai for POA.


  94. shakti
    shakti 30 Nov, 17 at 12:07 pm

    Hi Anil,
    I am an NRI and I gave my sister the POA to sell ancestral property.
    Is there a way to see if my POA was used for any transaction?
    Thanks,
    Shakti S


    • Shakti
      Shakti 30 Nov, 17 at 12:21 pm

      Sorry, did not clearly mention that my sister is in India where the ancestral property is.

      Shakti


      • Anil Gupta
        Anil Gupta 30 Nov, 17 at 12:47 pm

        Let me know if your question was answered.


        • shakti
          shakti 30 Nov, 17 at 2:36 pm

          Anil, yes indeed and thanks for quick response.


    • Anil Gupta
      Anil Gupta 30 Nov, 17 at 12:47 pm

      As far as i know, there is no such facility available in India.
      The only way you can verify is the sale deed for your ancestral property and if the property has indeed been sold and registered to new buyer.

      She would have signed on those papers on your behalf and the POA copy would have been attached with property documents.


  95. A. Raj
    A. Raj 26 Nov, 17 at 7:57 pm

    Hello Anil,
    Thanks for your website and for answering questions by people, it’s a good help.
    I have property in India and currently which is in joint name with my wife, another property is joint with my children. I, my wife and children are currently Overseas Citizen of India (OCI), I believe status for all purposes is same as NRI. I want to sell my property. I am planning to get General Power of Attorney from my wife and children authorizing me to sell the property on their behalf as they may not be able to come to India at the time deal happens. I am getting POA made and will get it stamped by India’s Consulate General in Canada (Embassy/Consulate). Then when deal happens, I will travel to India and use this POA. My question is – will this serve my purpose? The property is in Mumbai and Pune.
    Thank in advance for answering my question.
    Raj A.


    • Anil Gupta
      Anil Gupta 27 Nov, 17 at 11:52 am

      Yes, it will. Keep in mind these points:

      1. You will have to make separate POA for each property. I.e. it should be a special POA and cannot be general.
      2. You have to get each POA apostiled by your secretary of state in US before going to Indian embassy.


      • A. Raj
        A. Raj 27 Nov, 17 at 3:29 pm

        Thank you very much. But what you are saying is quite different from what I gather from other sources. Thanks anyway.


        • Anil Gupta
          Anil Gupta 28 Nov, 17 at 10:48 am

          It depends on which sources you have.
          What i have listed above is my own experience with buying a property using POA when I was in US.


  96. Sushil Jain
    Sushil Jain 25 Nov, 17 at 2:19 pm

    Hi Anil,

    First Thanks for such informative post.

    I have 3 question

    1- I am about to purchase one flat in mumbai and seller works in Australia from last 3 to 4 year so he sent POA from Australia in July 2017.but this POA is not register till Today (Means Nov 2017).
    So Can you please let me know the time period to register this POA. Is this POA is expired or not?

    2- Seller has Indian passport and he stay their on visa from last 3 year. so is he NRI or not?

    3 – Agent trying to convey me that he is not NRI beacuse he has written “Indian Inhabitant” in POA.
    If he is NRI and doesn’t pay(don’t want to pay) long term Capital gain tax so
    will buyer be in trouble ? and if he has written “Indian Inhabitant” in POA so is he not NRI?

    please help me on this.
    Thanks in advance.
    Sushil Jain


    • Anil Gupta
      Anil Gupta 25 Nov, 17 at 2:32 pm

      1. POA does not expire until and unless the real owner explicitly revokes it by registering a new POA. But, there is no way for you to know if the one he is sharing is the most recent one until the POA is registered with government office.
      2. Anyone who has stayed outside India for 182 days in a financial year is considered a NRI by Indian Law of taxation.
      3. I have no experience with this special keyword ‘Indian Inhabitant’ as such. Long term capital gain tax would be due (if any) on the seller head. You have nothing to worry about it.

      I would strongly advice you to NOT buy a property based on NON-REGISTERED POA. If there is any trouble in future, you will have NO legal way of helping you. The non-registered POA is just a piece of paper.


      • Sushil Jain
        Sushil Jain 26 Nov, 17 at 11:05 pm

        Thanks Anil.

        Please look below link once(for above point 3).
        https://googleweblight.com/i?u=https://cleartax.in/s/tax-implications-for-nri-willing-to-sell-property-in-india&grqid=dz-plBcW&hl=en-IN

        In this link, it is mentioned that buyer will be liable to pay Capital gain if seller not pay. i am bit confused because one of the advocate is telling same and another is telling need not to worry from buyer side.

        please help me on this to strongly confirm(if you can).


        • Anil Gupta
          Anil Gupta 27 Nov, 17 at 2:07 pm

          I went through the article and I don’t see where it says that ‘Buyer’ is responsible for Capital gains taxes if seller does not pay it.
          Where did you see it?

          If you are reading it with this line:
          “Tax implications for NRIs are also applicable in the case of inheritance. In case the property has been inherited, remember to consider the date of purchase of the original owner for calculating whether it’s a long term or a short term capital gain. In such a case the cost of the property shall be the cost to the previous owner.”

          Then, your analysis is wrong.
          It simply says that if the NRI who is selling the property has INHERITED the property. Inheritance means that he got it from any of his family like father or mother or anybody else in the family. This means that NRI who is selling it, even if did not buy the property himself, has to pay capital gains tax based on the dates of purchase of property by his family members.

          The buyer can never be held responsible for any capital gain taxes that are payable by seller. Since, you are buying the property and NOT inheriting it, you are not liable to pay his capital gains. Your own capital gain tax would be payable when you sell this property later.


    • Anil Gupta
      Anil Gupta 25 Nov, 17 at 8:36 pm

      I forgot to answer your one question about POA registration time frame.
      It is normally considered to be 60 days from the time of creation of POA outside India. There is no such written rule that i know of though.
      Some states or registration office may have their own criteria. I have heard people saying 30 days too.


  97. Tarjeet Kaur
    Tarjeet Kaur 23 Nov, 17 at 8:49 am

    Would like to know what is the process to make POA in case the person is not an Indian passport holder anymore .He is a US citizen now . Can he make POA in the name of his sister for the parental property


    • Anil Gupta
      Anil Gupta 23 Nov, 17 at 10:23 am

      Hi Tarjeet,
      The process is same for US citizen as well except that ‘Apostile’ is mandatory before going to Indian embassy for attestation.
      Technically and legally, a US citizen only needs to get the PoA apostiled from his/her state of secretary and that’s enough.

      But, to be very frank, In India, they may or may not accept only the apostiled document.
      USA and India have an agreement where an apostiled document is legally acceptable in courts and all government offices of India.

      But, The Indian consulate website itself mentions somewhere that it is advisable that you get documents attested as the Indian Registrar’s office (where you would need to register the PoA in your Indian state) may not know about the apostiled rule and hence may not entertain your request!

      So, I would also suggest you to get it attested before sending it to India, just to save time and extra hassles there. Otherwise, you don’t really need it.


      • Tarjeet Kaur
        Tarjeet Kaur 23 Nov, 17 at 10:29 am

        Thanks Anil


        • Anil Gupta
          Anil Gupta 25 Nov, 17 at 2:25 pm

          You are welcome.


  98. Inder
    Inder 21 Nov, 17 at 9:57 am

    Poa is register in who’s areas one who takes power or one who gives. Whom should go to who’s registered office in Maharashtra India


    • Anil Gupta
      Anil Gupta 21 Nov, 17 at 12:37 pm

      1. If the person is NRI, then POA should be registered in the area of POA Holder.
      2. If the person is in India, the POA can be registered anywhere i.e. POA holder address or POA giver address.


      • Kannan Iyer
        Kannan Iyer 25 Nov, 17 at 8:28 pm

        While this may be correct for managing the property, in case of sale of the property owned by NRI, I was told that GPA is not valid and you need a Special PoA specifically describing the property and that should be adjudicated where the property’s sale is to be registered.


        • Kannan Iyer
          Kannan Iyer 25 Nov, 17 at 8:32 pm

          Further, a Life Certificate for the NRI from a doctor or Grade A Consulate officer was insisted upon by the Sub-Registrar in Tamil Nadu. Such Life Certificate is said to be valid for one month only. Though one opinion says that such certificate is not needed in case of registration within a month of execution of SPoA, the position is not clear.


          • Anil Gupta
            Anil Gupta 25 Nov, 17 at 8:37 pm

            That’s something new. I have never heard of it before. In-fact, in my own case, no Life certificate was asked for, at the time of registration of POA in India.
            I guess registrar or may be each state may have framed their own rules.


        • Anil Gupta
          Anil Gupta 25 Nov, 17 at 8:34 pm

          You are right. For specific property matters like registration or sale or buying, ‘Special POA’ is required. That’s the same thing that i have mentioned in above article.
          General POA can only be used for generic purpose like renting out or managing the property.


  99. Satish Mishra
    Satish Mishra 17 Nov, 17 at 3:20 am

    This is immensely helpful and clear for NRI’s vying to get their work done back in India. Even the information still holds good today. It is always better to check with government office prior.


    • Anil Gupta
      Anil Gupta 17 Nov, 17 at 10:36 am

      Thanks Satish. We appreciate your feedback.


      • Subhash Patel K G
        Subhash Patel K G 15 Nov, 18 at 2:59 am

        My dear AG.
        My request is advise on the following:
        My son & his spouse stays in USA likes to sell a property belongs to them in Bangalore for which they cannot come to Bangalore for the said purpose. Wish to sell the property on GPA. Can they get done a GPA in India by staying there in USA.
        Subhash
        9341075857
        subhashpatel.kgs@gmail.com


  100. Daniel Singh mob 9839211349
    Daniel Singh mob 9839211349 7 Nov, 17 at 4:35 am

    My sister-same parents-has a property in lucknow. This is her permanent address even though she is presently living in Bangalore. I am her brother n live in kanpur. These days she is visiting me. She wishes to give me a GPA. so i could help her to sell her property in Lucknow.
    Can she register a General Power of Attorney in kanpur. Note that both kanpur n lucknow are in the state of U P. Is it necessary to have it registered in Lucknow?


    • Anil Gupta
      Anil Gupta 7 Nov, 17 at 8:56 am

      She needs to create a ‘special power of attorney’ specifically for the property that needs to be sold.
      The PoA should be registered at a place where the PoA holder (you) have the address proof.


  101. d c bhargava
    d c bhargava 1 Nov, 17 at 10:43 am

    Thank you so much for such a comprehensive user guide.
    I have only one simple question to ask. My daughter sent me the Foreign Consulate attested GPA through a family friend who was returning to India, and is my neighbor in New Delhi. So, I have no postal envelope. However, I have a scanned copy of the DD favoring the Indian Consulate. for the Consulate fee.
    Can the SDM office in Delhi legally refuse authentication and stamping of the GPS merely due to absence of the envelope? Kindly clarify.
    D C Bhargava


    • Anil Gupta
      Anil Gupta 1 Nov, 17 at 12:48 pm

      No, they cannot.
      As i mentioned in above article, the officer probably asked for ‘envelope’ just to create a hurdle and ask for favor (read bribe).

      As long as the PoA is duly attested by Indian consulate with their stamp, it is valid and good enough to be registered.


  102. Roger
    Roger 10 Oct, 17 at 9:37 am

    Hi Anil,

    I am staying in Bangalore and have to register a property in Kolkata.
    Since I’m unable to travel to Kolkata, I registered a POA with my dad being my representative.
    Now the bank says that I cannot use the POA to register the property which is surprising because the POA’s purpose itself is to have a representative. Can you clarify if I’m wrong?


    • Anil Gupta
      Anil Gupta 10 Oct, 17 at 10:06 am

      Why the Bank is in picture here? Registration happens in government’s office and they should be able to accept your registered POA.
      I have done it myself in Gurgaon (Haryana) and it is the right process.
      Bank has nothing to do with the registration process. They are only concerned with their loan money and for that too, they should be able to accept a registered POA.


      • Roger
        Roger 10 Oct, 17 at 10:12 am

        No I meant I’m availing a loan from Allahabad bank and the bank’s advocate is blocking the disbursement saying that since the original owner is based out of India itself, he cannot use a POA to register a property


        • Anil Gupta
          Anil Gupta 10 Oct, 17 at 11:58 am

          That really sounds absurd. Not sure why he is saying that. Registered POA is perfectly legal way of getting things done. I have done it myself.

          But, you said you are staying in Bangalore?
          If you are outside India, you need to first get the POA attested by Indian Embassy.


          • Roger
            Roger 10 Oct, 17 at 9:25 pm

            Yes I’m in Banagalore currently and the property to be registered is in Kolkata.
            The bank’s lawyer says that since I’m not an NRI, I have to be physically present for the registration process.


            • Anil Gupta
              Anil Gupta 11 Oct, 17 at 7:43 am

              So, did you register this POA in-person at registrar office? If yes, then it is legal and can be used to register the property by your father.
              How do they know that you are currently residing in India if you do not tell them?

              Also, i think that they are just trying to avoid any fraud since they know that you are in India currently.


  103. shubham yadav
    shubham yadav 26 Sep, 17 at 1:37 am

    Hi ANil,
    thanks for the information.I have one doubt, may parents are in U.P, and i am in gurgaon. They are planning to take the apartment in gurgaon only. Can they make the POA in UP and can i do the flat regsitration in Gurgaon on behalf of them.(i confused, i thought its the process for only NRIs)


    • Anil Gupta
      Anil Gupta 26 Sep, 17 at 6:36 am

      PoA can be registered anywhere your parents have residence proof. i.e. either in UP or Gurgaon (if they have gurgaon’s address proof).


  104. Pra Mit
    Pra Mit 12 Sep, 17 at 3:08 am

    Dear Anil,
    THANK YOU. FULLY AGREE…Kudos to you for writing such a detailed and comprehensive article on all to do with POA – God Bless U for your generosity. This was even more helpful than professional sites…and with real insights. All the best…


    • Anil Gupta
      Anil Gupta 12 Sep, 17 at 9:34 am

      Thanks Pra Mit, I am glad it helped you.


  105. Sandeep
    Sandeep 29 Jun, 17 at 10:36 pm

    Dear Anil, Kudos to you for writing such a detailed and comprehensive article on all to do with POA – God Bless U for your generosity. Would like to request your help with 1 matter- I had given a POA to my brother around 5 years ago to act on my behalf for the purchase of a Mumbai property. His lawyer handled it all & we had briefly gone to the Khar Registrar but i was completely unaware of the type and contents- is there any way to find out the details of said POA with the Registrar so as to understand the implications and rightful procedure? Now i would like to Revoke it and will soon visit Mumbai so do i go personally to the Khar Registrar to seek help or seek out a good lawyer first? Are you in the legal field Anil? Many thanks n best


    • Anil Gupta
      Anil Gupta 1 Jul, 17 at 7:29 am

      Hi Sandeep,
      I am not in legal field. It is strange that you have not kept a copy of POA with you.
      You can certainly make a new POA or visit the registrar office to either register a new one or cancel an existing one.


      • Sandeep
        Sandeep 2 Jul, 17 at 10:15 pm

        Thanks Anil! Yes indeed I do not have a copy as my brother always conveniently avoided the topic and as I live abroad i have limited contact with him. Hence why i need to revoke it asap before my Flat purchased is completed and needs to be Registered. So by providing my name and my brother’s name to the Registrar they will be able to find the records on my POA made right? Can i find out online or by contacting them from overseas please? TKS Again


        • Anil Gupta
          Anil Gupta 3 Jul, 17 at 7:06 am

          1. I strongly doubt that you can access your POA information online. Have not heard of it before.
          2. You will have to create a new POA listing all new POINTS (powers) and the ones that you want to revoke from ANY older one. You can write that this new POA supercedes all or any POA created earlier.
          3. If you do not want to create a new POA (not giving any powers to anyone now), then you can simply create a new POA to revoke all other previous POA’s and register it. Remember, registration is important for any legal validity in Indian courts.


          • Sandeep
            Sandeep 3 Jul, 17 at 9:03 pm

            Option 3 Sounds good Anil- will draft a new POA simply to revoke all past POA’s and will duly register it. Wonder if there is a format i can follow and possibly file from overseas? Does it have to be done at the same location Registrar in Mumbai? Many thanks again


            • Anil Gupta
              Anil Gupta 5 Jul, 17 at 9:40 am

              I assume that your earlier POA was also attested by Indian Embassy abroad.
              You should now create a new one. There is no standard format. Just take a plain piece of paper and start writing your points.
              You can follow the format specified in above article.

              I am afraid that you will be able to register it (if it is just revocation and no new POA) in India without visiting there.
              If you are making a new one (with adding points to revocate old POA’s), then you must have a POA holder (who resides in India).

              They should register it preferably in same SDM office that the old POA is registered with.
              If you just want to revocate the old one, i would strongly suggest to visit India and get it registered in person. In this case, you can skip the Indian embassy attestation step.


              • Sandeep
                Sandeep 11 Jul, 17 at 4:01 am

                Excellent details Anil- thank you so much for all your efforts. The previous POA was done in Mumbai during my visit and not attested by any embassy. I just need to revoke this POA (without any new POA) and will ask the Indian embassy over here if they can help to attest it (possibly get it notarised as well) and then take that dox to India with me personally to have it registered at the same SDM office. Thanks again


                • Anil Gupta
                  Anil Gupta 11 Jul, 17 at 7:34 am

                  If you plan to go visit India personally and get it registered, then there is no need for Notarization in US and no need for Indian embassy attestation.
                  Those steps are needed only if you can’t visit India personally.


  106. Mike
    Mike 25 Jun, 17 at 10:15 am

    Thanks for a comprehensive brief. Request what does the Indian affidavit need to say?


    • Anil Gupta
      Anil Gupta 27 Jun, 17 at 7:13 am

      The affidavit needs to say that the POA holder is the same person mentioned in POA with his address.
      It is kind of self swearing in document on a stamp paper of Rs 50.


      • Mike
        Mike 27 Jun, 17 at 8:09 am

        Thanks Anil. Obliged.


  107. Ashok Kapur
    Ashok Kapur 21 Jun, 17 at 12:29 pm

    i am in USA . Can i send Power of Attorney duly attested by Notary in USA for registration to India.
    I mean on plain paper the POA is being attested by Notary in USA instead of Embassy.
    The same can be registered in India.


    • Anil Gupta
      Anil Gupta 21 Jun, 17 at 3:30 pm

      US notary is NOT recognized in India.
      You have to get it attested by Indian Embassy if you want to register it in India.


  108. Manish Shyamsukha
    Manish Shyamsukha 27 Mar, 17 at 7:39 am

    Hi, thanks for the very informative article and the sample Special POA. Just had a quick question for my case as I was slightly confused by discussion around Apostille. I am a UK citizen holding OCI and looking to send a special POA to my Father to buy a property in India. Do I need to get it apostilled before I get it attested at the High Commission?


    • Anil Gupta
      Anil Gupta 27 Mar, 17 at 8:23 am

      Hi Manish,
      I am not really sure about apostile process in UK. It is actually specific to US as US has treaty with India where the documents attested by state secretary in USA are legally valid in India courts.
      It is not mandatory to get documents apostiled in USA expect some specific states like SFO.

      In UK, you can directly o to Indian embassy and get the POA attested.


      • Manish Shyamsukha
        Manish Shyamsukha 28 Mar, 17 at 2:24 am

        Thanks again Anil.


  109. Ram Mohan
    Ram Mohan 21 Mar, 17 at 1:17 pm

    hi anil, I have some queries regarding POA preparing from abroad.i have plan to take NRI home loan from SBI and they agree to give loan, now they send POA format to me for prepare POA to my father. in that formate they mentioned in last page as shown bellow. what does it mean. I just write ? mark in blanks for your identification

    IN WITNESS WHEREOF , I, above named have hereunto set my respective hands on this _____???________ day of
    _____???_______.

    Signed, Sealed by the within named

    Signature(s) 1________???_______________
    2_____________???___________ Before Me


    • Anil Gupta
      Anil Gupta 21 Mar, 17 at 1:29 pm

      This has to be filled by Notary with Date.
      The two signatures have to be done by 2 witnesses who know you and have valid US ID.


  110. Vijay Sai Krishna Chadalavada
    Vijay Sai Krishna Chadalavada 6 Mar, 17 at 8:32 pm

    Hi Anil,

    I want to give General POA to my father and I live outside India. How many pages should I expect to have? Is there any strict rule to follow. I don’t know what to include and what not to include in the POA.
    I have a NRI account with HDFC bank and they provided a draft of 5 pages. My friend provided another one which is 10 pages in length. Can I follow the bank’s draft blindly? The rules defined in HDFC’s draft of POA are mostly associated to HDFC bank, while the latter one has a general voice.


    • Anil Gupta
      Anil Gupta 6 Mar, 17 at 8:58 pm

      1. There are no rules or number of pages. You can write as many rules as you like and use as many pages as you want.
      2. It depends on the purpose of POA, to make the decision of which draft you should use.
      If your requirements are met with HDFC draft, you can use it with no issues. You can also add or remove any rules that you don’t need.


      • Vijay Sai Krishna Chadalavada
        Vijay Sai Krishna Chadalavada 6 Mar, 17 at 9:00 pm

        Thank you very much for the info.


  111. Sumeet Kamat
    Sumeet Kamat 24 Feb, 17 at 11:13 am

    Hi Anil – thanks for putting together this article. It is really helpful. I am trying to buy property in thane – Maharashtra however my dad was advised by the builder and also local registrar office that I need to be present there. I am not sure if they are trying to get some money as my dad did mentioned POA option. Please advise.

    Also do I need to visit or send POA to Indian Embassy? Will notarized registered document work? I am here in Florida and closet embassy is in Atlanta plus this process might take long time.


    • Anil Gupta
      Anil Gupta 27 Feb, 17 at 9:41 am

      1. It is not mandatory to be present in-person if you can send a PoA.
      2. You can either visit (faster process) or send the PoA + docs by mail. Your choice.
      3. Notarized (by Indian Embassy) PoA is recognized in India.


      • Sumeet Kamat
        Sumeet Kamat 31 Mar, 17 at 9:21 am

        thanks anil


  112. Anshuman Srivastava
    Anshuman Srivastava 23 Feb, 17 at 11:18 am

    Dear Anil, Thanks for this article. Its really very helpful. Appreciate your efforts.
    I have a query. I am Preparing POA from aborad.
    if POA has 2 pages, Do I and two witnesses need to sign on each page, and Attestation by embassy need to be done on each page?


    • Anil Gupta
      Anil Gupta 23 Feb, 17 at 2:18 pm

      There is no requirement to sign on both pages, but, to be safe, i recommend signing on both pages.
      This helps in safeguarding your interest in case, somebody tries to forge the page with no signatures.


  113. N Moorkoth
    N Moorkoth 1 Feb, 17 at 12:17 pm

    Hello – I will be in India on a short visit and need to get the POA for managing property in Mumbai. What will be the duration it will take? Thank you.


    • Anil Gupta
      Anil Gupta 1 Feb, 17 at 4:05 pm

      It should not take more than 1 day if you have all the supporting documents in place and ready to pay for under the table services.
      If not, there is not time limit for govt. services.


  114. Anshuman Srivastava
    Anshuman Srivastava 2 Jan, 17 at 10:38 am

    Another doubt is, Being an NRI, if I get POA registered from Consulate, Notarization of witnesses signature from my resident country notary will be valid? or I need witness signature notarized from Indian notary in India?


    • Anil Gupta
      Anil Gupta 2 Jan, 17 at 10:56 pm

      Witness signature needs to be from your residence country and not from India.


  115. Anshuman Srivastava
    Anshuman Srivastava 2 Jan, 17 at 10:30 am

    My properties are in Greater Noida and Gurgaon, while I am from Jhansi, UP.
    Do I need to get Special Power of attorney registered at Jhansi, or need to be done at Greater Noida and Gurgaon respectively?


    • Anil Gupta
      Anil Gupta 2 Jan, 17 at 10:55 pm

      PoA can only be registered where the PoA holder has a residential address proof.


      • Anshuman Srivastava
        Anshuman Srivastava 3 Jan, 17 at 8:09 am

        Thanks Anil for your reply. As per the article, it is mentioned that if POA executant is physically present in India, POA registration should be done at Executant’s location not at POA holder’s location. Please clarify it.


        • Anil Gupta
          Anil Gupta 3 Jan, 17 at 9:16 am

          The article is right. You never mentioned that you are creating this PoA while you are in India. You mentioned the attestation by Indian Consulate which comes into picture only WHEN you are OUT of India.

          Please read the article and follow it carefully.
          If you are in India currently, Then you should register the PoA at either your OWN address or the PoA Holder’s address location.


          • Anshuman Srivastava
            Anshuman Srivastava 3 Jan, 17 at 9:59 am

            Thanks Anil.


  116. Dhirajkumar Joshi
    Dhirajkumar Joshi 31 Dec, 16 at 6:54 am

    can you please share the format of affidivate


    • Anil Gupta
      Anil Gupta 1 Jan, 17 at 12:26 am

      Unfortunately, I don’t have the affidavit format with me.


  117. Sagar
    Sagar 28 Nov, 16 at 8:40 am

    Hello Anil,

    Thanks for the Awesome post. One quick clarification. Recently my friend visited India from USA with wife/kid just to register his land Plot (not apartment). As per him, we can take possession of the Apartment flat using registered POA (Once signed by US Embassy) BUT to actually register the Apartment flat with Government authority in your name, flat owner needs to go to India and register tha flat there with Government Authorities (Noida etc).

    Request to please help and Clarify!!

    Thanks


    • Anil Gupta
      Anil Gupta 28 Nov, 16 at 9:44 pm

      No, that’s not true.
      PoA can be used to register apartment with government authorities on the real owners name too.
      We have done it ourselves in Gurgaon and it works.
      PoA holder gets the signing authority on behalf of PoA giver. That’s what the whole purpose is. Otherwise, why would anybody take the pain of creating and registering the PoA.


  118. Mukesh Patil
    Mukesh Patil 5 Nov, 16 at 8:53 pm

    Hi Anil,

    This is really helpful article. I am planning to purchase re-sell flat from a owner staying in US. Current agreement in India is having his name, his wife and son name. He has POA to his brother(I am yet to check document).

    In this case, if property is registered in name of 3 persons(Owner,his wife and son) then what details POA should have?

    I am really confused here. I am trying to purchase property through estate agent. Bit nervous. Please advice on this.


    • Anil Gupta
      Anil Gupta 6 Nov, 16 at 7:25 am

      Hi Mukesh,
      All the property owners should sign the sale agreement. And for signing, they either need to present themselves in person or share their signing rights via PoA.
      So, the PoA (can be a single PoA) with all of their signs giving selling rights to PoA holder should be used. Make sure that this PoA is registered, else, it would not be valid in court.


  119. Kaps
    Kaps 26 Oct, 16 at 2:18 pm

    Hi,

    I have question..
    I already bought an apartment in Bangalore India and now I am not in India, currently stayed in USA. What kind for POA(means General or Specail) I can give to my one of relative so that he can do registration of my apartment and take some other actions if require..


    • Anil Gupta
      Anil Gupta 26 Oct, 16 at 2:22 pm

      Hi Kaps,
      This is exactly the same case as ours. You need special PoA. Just follow the process mentioned above and links for attestation of PoA at Indian Embassy given above.

      Let me know if you need more information.


      • Kaps
        Kaps 26 Oct, 16 at 2:27 pm

        There is no rule to give this POA to only blood relatives. I can give to my friends also..
        Is there a problem if my friend is not stayed in Bangalore. If I put his name on POA then where he should go for “Registering the POA” ? it will be the city where he used stay or in Bangalore(my property location)


        • Anil Gupta
          Anil Gupta 26 Oct, 16 at 2:38 pm

          Hi Kaps,
          I would suggest you to go through the article. All your questions have been already answered above.

          For registration, the PoA holder needs his address proof. Also, it should be registered in the state where he/she resides.


          • Kaps
            Kaps 26 Oct, 16 at 2:47 pm

            OK, got it. Thanks Anil.


          • Kaps
            Kaps 26 Oct, 16 at 2:55 pm

            Here I have one more situation.. 🙂
            Problem here is somehow
            1) builder is stopped working and not ready to do anything.
            2) Landowner is taking GPA from builder and wanted to start the construction.
            3) I took some loan from SBI and bank already released money to Builder as I bought apartment from builder.

            Still I need to do Special Power of attorney..
            Because my GPA holder to my flat registration along with some more action for example loan amount which is not yet released from Bank…
            And may be my GPA holder needs to sign on new GPA which will created between landowner and builder..

            So much confusion..


            • Anil Gupta
              Anil Gupta 26 Oct, 16 at 3:00 pm

              I am not clear about your question.
              First you said, you need PoA for registration of property.
              Now, you are saying that construction has not been done/completed by builder.

              Anyway, it does not matter who builds it.
              The PoA is ONLY for YOU to give YOUR rights to your FRIEND to sign on behalf of YOU.
              You can write both old and new builder’s name in it.


              • Kaps
                Kaps 26 Oct, 16 at 3:07 pm

                Better to do registration first , atleast it will be registered in my name. God knows whether landowner will complete the construction or not or he can also stop the work after few months..

                Just for safe side I want to do registration..
                Now the thing some amount is still not release by Bank which is actually for Registration the flat.

                So my POA holder should be able to release that money if it requires. That’s why all this questions came to my mind. If I do Special power of attorney he might not be able to take against loan amount…anyway lets see how it goes.


  120. Hari
    Hari 24 Oct, 16 at 8:23 pm

    Hi Anil,
    Thanks for the fantastic blog post!
    I will be visiting India soon and plan to buy a property there (not finalized yet). The problem is that I will be buying property in Ghaziabad, but my parents stay in Meerut. Do you think it is possible to issue a POA in their name? (I think they insist that the POA holder is resident of the city in which property is located.)


    • Anil Gupta
      Anil Gupta 24 Oct, 16 at 8:32 pm

      No, this is not mandatory. PoA holder can register PoA wherever they reside and have address proof.
      Since you are visiting India, it would be better if you make PoA there itself (in Meeting).


      • Hari
        Hari 25 Oct, 16 at 10:30 pm

        Thanks Anil. I am not sure if we will be able to finalize property by then. Is it possible to draft POA without naming the property (basically allowing them to buy any property on my behalf)?


        • Anil Gupta
          Anil Gupta 26 Oct, 16 at 5:31 am

          No. You need the property name and address in the PoA.


  121. PARTHA SENDOCTOR
    PARTHA SENDOCTOR 21 Sep, 16 at 11:34 pm

    Dear Anil, Hello n Greetings from kolkata. God Bless You and your Beloveds. In spite of repeating myself again, I will still say, you are just an Amazing person. We Really and Sincerely Appreciate your time and efforts, that you put in, to reply to each and every questions we put across to you, however stupid and naive they may be. Hats off to you.

    Let me update and contribute to the best blog out there in the net, for any kind POA , to be executed by any NRI/PIO/ORI.
    1. In West Bengal, all, POA has to be verified at Dalhousie Square (near the Writers Building, seat of power, in the state), after paying a stamp fee of Rs. 50/- . It is stamped and certified and returned by hand to the attorney holder or the lawyer, who has submitted the same., after anything between 2-15 days, depending on speed money, offered. I had gone to the SDM of both Salt lake (located in sector 2, at the Administrative Building), kolkata (where i reside), and the SDM Office, Barrackpore , Kol- 120, (near Chiriya More, Army cantonment, Administrative Building), where the POA attorney holder resides (as per the advise by Anil ji,). Both the offices refuse to accept the POA, and advised us to go to Dalhousie Square. It was learnt later, that all POA, from NRI / POA / OCI has to be verified by this office. That itself is as good as registration.

    2. Now comes whether the attorney can be granted ‘SALE’ authority, in the POA. (which was inquired above, to Anil ji.). I went straight to the Registrar’s Office, (and took an early appointment , as it chalk a block, post 11 am) , at both Rajarhaat, where the property is located, and at Salt lake , where I reside (its in sector -1, behind Vikas Bhawan), and at the Barrackpore, where the Attorney holder resides, (just to see, whether , all are speaking the same language or not).

    Each of the Registrar, said, as long , as its written in the POA, (i.e. the authority to sale), they have no objection. They also have no objection, whether the POA, is given to a relative, blood relation or a friend, or even a complete stranger !

    Hope that helps.

    Thanks a ton, again, Anil Ji, God Bless you and your Beloveds.

    Regards


    • Anil Gupta
      Anil Gupta 22 Sep, 16 at 7:13 am

      Thanks a lot Mr Paratha for sharing your experience. I am sure it is going to help lot of other people visiting this page.

      I sincerely appreciate your feedback.


  122. PARTHA SENDOCTOR
    PARTHA SENDOCTOR 20 Sep, 16 at 5:24 am

    Dear Anil, Hello n Greetings. You are Amazing. How many people post such prompt reply. I just want to reiterate, that my cousin was an Indian passport holder; surrendered her Indian passport, a year or so back; now holds an American passport. But she has NOT applied for any type of registration for PIO or OCI. The procedure will be same as advised by you. Except that , Apostile is 100% mandatory. Coming to next question,

    1) Will this POA, (after proper registration, as advised by you, at the office of SDM,); hold good for property sale also, if the same is specified in POA.

    2) As per your advise, the POA, is good for registration, rent etc etc. for blood relation, relative, friend, etc. And it also hold good for SALE, in case of a blood relation. But does THE POA, hold good for SALE, for a friend / relative (no blood relation).

    I cannot express my sincere gratitude, in mere words. God Bless You, for the help you are extending to thousands, who have benefited from your posts. Thanx in advance. Regards.


    • Anil Gupta
      Anil Gupta 20 Sep, 16 at 7:33 am

      Hi Partha,

      1. To be very frank, i have no experience with selling the property with PoA. Although, I have heard that it is possible, but depends highly on state specific laws in India.
      You will find that some states allow it and some not.
      2. Some people just try to sell (or so called transfer) the property on other’s name using PoA, to avoid paying state’s stamp fees (registration fees). To avoid this situation, some states do NOT allow selling/transfer of property using PoA.
      3. To elaborate more, you can’t just write in the PoA that I give up my right on a particular property and transfer/sell it to a concerned person.

      The PoA you make can ONLY give your right to SIGN on your behalf to the PoA holder for selling it.

      Let me know if you need more information.


  123. PARTHA SENDOCTOR
    PARTHA SENDOCTOR 18 Sep, 16 at 8:59 am

    Dear Anil, Hello n Greetings. Thanx a ton, for writing such an informative blog. The only one, which is so exhaustive and informative. I have gone through all the comments also, where you have replied to a question similar to mine. What about a person, who has purchased the property when one was a NRI, but now surrendered the Indian passport and have become citizen of US. I could not open the link, its not working. Please enlighten me. Is the procedure same as the NRI one or different.
    Thanx in advance, Regards


    • Anil Gupta
      Anil Gupta 19 Sep, 16 at 10:47 am

      For a citizen, the apostile step is mandatory. Everything else remains same.


  124. Raghu S
    Raghu S 8 Sep, 16 at 1:26 pm

    Anil, your article is very informative.. right on the point. Thank you so much for putting this online – i don’t find this information anywhere else.
    I am sending the POA to India for registration. Fingers crossed.

    If you don’t mind could you just scribble Affidavit format to be submitted by POA holder.

    Thanks


    • Anil Gupta
      Anil Gupta 9 Sep, 16 at 11:07 am

      Hi Raghu,
      Unfortunately, the affidavit was submitted to SDM office and the photo (that was clicked) has been lost somewhere in India.

      It is nothing but a simple affidavit for the POA holder to sign and say that person is the same as the one mentioned in PoA.
      So, PoA holder would just need to write his/her name, address, date of birth and statement of truthfulness.
      Anybody sitting outside the SDM office (the typewriter guys) would make it on stamp paper of either Rs. 50 or Rs. 100 (Depends on state rule).


  125. Ashok Kumar
    Ashok Kumar 1 Sep, 16 at 7:33 am

    Hi, i have a multi page POA document, do i need to sign and notorize sign on each page or final page would be fine?
    if i need to sign on each page then indian conulate also need to sign on each page ?


    • Anil Gupta
      Anil Gupta 1 Sep, 16 at 1:26 pm

      Yes, sign and notarize each page.


  126. Ashutosh Jain
    Ashutosh Jain 24 Aug, 16 at 1:16 am

    Hi ! Could you please share a picture of GPA from US registered in Delhi. I went to SDM office and the lawyer/document writer asked me INR 1100 and just gave me a 100 rs stamp paper and said its attested in registered without any stamp and any signature. If you could please share a picture of it at ashu611[at]gmail.com


    • Anil Gupta
      Anil Gupta 24 Aug, 16 at 9:49 am

      Hi Ashutosh,
      The screen shot is available in above article.

      The registered POA is stamped, dated and signed by SDM. If they have not, then you should ask for it.
      A 100 Rs stamp paper is only needed for PoA holder’s self affidavit.
      Rs 1100 is what document writer has charged you for his service.

      It depends on whom you contact. If you do it all by yourself, it should not take more than 150 Rs.


  127. shailendrabhide
    shailendrabhide 31 Jul, 16 at 10:38 am

    Hi Anil
    Ur article is very informative But I am still confused and need detailed advice if you can.
    1. General POA issued by my brother residing in California apostilled and signed and notarised by the Consul General of San Francisco on 27th June 2016 was received by my mother Residing in Bangalore, Karnataka on 27th July 2016 ( one month after it was signed by the Consul General)
    Question 1. is there a time limit as to registration of the said POA with the Registrar/SDM
    Question 2. Will General POA be good enough for my mom to sign and register the documents (sale deeds) with the Sub-Registrar ? or a Special Power of Attorney is needed specific to the property.
    Question : is the POA registered with the Sub-Registrar or the Sub Divisional Magistrate ?

    2. Brother wants to buy property in Hyderabad thru my mother as POA holder who stays in Bangalore
    Question 4. Can the General POA be registered in Hyderabad where the property is in question or has it to be registered in Bangalore where my mother stays ?
    Question 5. Some lawyers in Hyderabad have told me that it needs to be validated and not registered. For registration the person who issued the POA his presence is required. Now is this true. I am confused between validation and registration.
    Question 6. If time limit has passed then can it be registered by paying penalty ?


    • Anil Gupta
      Anil Gupta 31 Jul, 16 at 6:50 pm

      1. There is no written rule with respect to time limit. But, it is recommended to get it registered in India within 60 days.
      2. Normally, General POA is NOT accepted for property registration. We recommend a Special PoA which contains the address of the property.
      3. Its mentioned in above article that it should be registered with SDM office, if the person giving away PoA is NOT physically present in India.
      4. For PoA registration, you would need the residential address proof. If the PoA holder has such proof in Hyderabad, they can register it there as well.
      5. I cannot comment on what advice lawyers are giving. As per my experience, they will give all sorts of advice with half baked knowledge. I have suffered with it myself and thankfully did not spend money on what they were saying. The right, legal and most safe way of doing it is to register the PoA. That way, it legally valid document in case there are some issues later.


  128. sunil
    sunil 27 Jul, 16 at 6:43 am

    I live at Delhi and have to issue POA to my brother in Mumbai for registration of rent agreement of my flat in Mumbai. can i issue at Delhi and what is the process????


    • Anil Gupta
      Anil Gupta 27 Jul, 16 at 6:57 am

      Normally, the PoA should be registered and in this case, it would need to be done at Mumbai.
      The process is mentioned above.


  129. SKSC
    SKSC 19 Jul, 16 at 4:02 pm

    Hi Anil,
    Excellent article ! .
    1. I am currently in UK and I wish to buy a property in India with my dad as PoA. The property has not yet been decided. Can I issue a PoA without property name. Would it be accepted ?
    2. If the PoA is registered in Bangalore can the same be used to purchase a land in pune


    • Anil Gupta
      Anil Gupta 20 Jul, 16 at 7:36 am

      Hi SKSC,
      As per my information, you would not be able to buy/register the property using a general PoA (which does not mention the property address and other details).
      You should create a ‘special power of attorney’ that is specific to the property in question and register it in registrar office (in the jurisdiction of the PoA holder’s residential address).


  130. Vyom
    Vyom 18 Jul, 16 at 8:33 pm

    Hi anil, my grand father gave poa to my father, now can we use it to get registry or is there time span in which poa is valid?


    • Anil Gupta
      Anil Gupta 19 Jul, 16 at 9:21 am

      PoA is valid until it is specifically revoked. There is no timeline.


  131. Ashok Kumar
    Ashok Kumar 18 Jul, 16 at 2:16 pm

    Hi Anil,
    I have a doubt regarding HDFC POA, i am currently in USA and trying to give POA to my father in india.

    https://www.hdfc.com/sites/default/files/PowerofAttorney.pdf

    in the form, they were talking about “Specimen signature of Attorney” is this indian attorney or US attorney ?


    • Anil Gupta
      Anil Gupta 18 Jul, 16 at 5:29 pm

      Hi Ashok,
      Your father has to sign on ‘Specimen signature of Attorney’ and you have to sign in ‘Signature’ area.

      Does that answer your question?


      • Ashok Kumar
        Ashok Kumar 18 Jul, 16 at 7:18 pm

        Thanks for the answer, do my father need to fill the form first and send it to me before I get it notarized by Indian consulate here ? Indian consulate notarizes with out my father signature on it ??

        Thanks in advance.


        • Anil Gupta
          Anil Gupta 18 Jul, 16 at 7:32 pm

          You can sign, get it attested by Indian consulate and then your father can it in India.
          Indian embassy will only attest your signature I.e. who is present in front of them. So, sign by your father is not required.


          • Ashok Kumar
            Ashok Kumar 18 Jul, 16 at 7:53 pm

            Thanks…


  132. Ragav
    Ragav 16 Jul, 16 at 12:47 am

    Hi Anil. Thanks for the informative article. I was in india last week arranged a GPA to buy a property on loan. The GPA was notorized and submitted to the Banker for the loan formalities. The GPA was not registered. The banker accepted the GPA even it is not registered. I understood from your article, the GPA will not be accepted during the property registration as it is not registered. I already travelled to Netherlands. What should I do now?


    • Anil Gupta
      Anil Gupta 16 Jul, 16 at 6:45 am

      Hi Raghav,
      I think you have no option but to create a new one and follow the process for attesting it with Indian embassy and then registration in India.
      The information is provided in above article.

      Also, before going for it, ask the builder if they would be able to get your property registered even with un-registered one (that you already have). If builder is okay, you can avoid creating a new one.


  133. SIDDHARTH BHANSALI
    SIDDHARTH BHANSALI 14 Jul, 16 at 9:42 am

    HI Anil,

    Very useful article….
    I am staying in London and wanted to confirm that should my 2 witnesses for POA should be UK resident/passport holder ?


    • Anil Gupta
      Anil Gupta 14 Jul, 16 at 9:47 am

      They should have a valid UK ID proof. It is NOT mandatory to be a UK passport holder.


  134. rt
    rt 12 Jul, 16 at 12:57 pm

    Hi Anil

    Thanks for the information you have given in your articles. It helped us through the process of creating a POA in US.

    I just had one question – Is there a time limit between the Apostilling date and registration in India?

    Thanks for your help


    • Anil Gupta
      Anil Gupta 12 Jul, 16 at 1:19 pm

      I don’t know of any documented time frame, but, we have heard that it is better to get it registered within 60 days of ‘Attestation by Indian Embassy’.
      Off-course, Apostile would have already been done before the attestation.


  135. Pradeep Negi
    Pradeep Negi 13 Jun, 16 at 10:04 am

    Hi Anil,

    I am based in US and intend to sign POA to my wife for following:

    1) Land deal in state of Uttarakhand

    2) Housing loan closure in Maharashtra

    3) Sale of house in Maharashtra

    Questions: Do I need to prepare separate POA for each of above and whether those needs to be registered in respective states? Thanks in advance, Regards, Pradeep


    • Anil Gupta
      Anil Gupta 13 Jun, 16 at 11:24 am

      Yes, you would need to prepare separate PoA’s.
      The PoA should be specific to each property.


      • Pradeep Negi
        Pradeep Negi 17 Jun, 16 at 3:24 pm

        Thank You Anil, appreciate your help and sorry about late acknowledgement.


        • Anil Gupta
          Anil Gupta 17 Jun, 16 at 3:52 pm

          No problem. I am glad it helped you.


  136. RP Lima
    RP Lima 8 Jun, 16 at 9:51 am

    Hi Anil,

    I am based in London. I have obtained a Stamp Paper from India and I will get the POA typed-up and printed on that Stamp Paper. I will also get someone from the Indian Embassy to attest my POA as I sign before them.

    My question is: Do I still need to get a Notary Public to sign the document in London? or is the Indian Embassy stamp/signature sufficient.

    Look forward to hearing from you.

    Many thanks.


    • Anil Gupta
      Anil Gupta 8 Jun, 16 at 11:37 am

      Hi RP Lima,
      Notary public sign is only needed if your witness is NOT signing in front of Indian consulate. If they are, then you do NOT need notary public.


      • RP Lima
        RP Lima 9 Jun, 16 at 6:33 am

        Many thanks for this invaluable advice!

        For an OCI born in the UK I hear about so many unnecessary, mostly rumored, rules and regulations that often do not even exist. Thank you for this article and your responses -they really do help!


        • Anil Gupta
          Anil Gupta 9 Jun, 16 at 7:21 am

          You are welcome. I am glad this information helped.
          I have collected all of it based on my own experience with PoA registration while I was in USA.


  137. Danish khan
    Danish khan 6 Jun, 16 at 6:07 am

    Excellent article!!!!!!

    My question is Whether revocation of POA is also required to be notarized as per state laws.

    Also looking for a list of states specifying the amount of notarized for various docuemnts.. Do you have any such file..can u share wit us??

    Regards
    Danish Khan
    khandanish9821@gmail.com


    • Anil Gupta
      Anil Gupta 6 Jun, 16 at 8:27 am

      Yes, Revocation also needs to be notarized. Remember, when we say notarized, it only means the notarization of signature on the document and not the actual content of the PoA.
      Unfortunately, I do not have any such list of fees for notarization.


  138. Partha Sarathi Mohanty
    Partha Sarathi Mohanty 29 May, 16 at 11:22 am

    My cousin signed on a blank judicial paper;which was used by the agent as Poa with possession of his property. And got it registered at sub-registar office in the absence of principal and sold it to another person who got it mutated in her name.now my cousin saying that the agent do the fraud to sell the property. How can I resolve the issue. ok. help


    • Anil Gupta
      Anil Gupta 31 May, 16 at 7:23 am

      Hi Partha,
      This question is out of scope of the above article. Please consult a lawyer for your case. i have no experience with ‘fraud’ cases.


  139. Sumit Dara
    Sumit Dara 20 May, 16 at 6:22 am

    Sir pls confirm that at the time of purchasing property from POA holder in India with all power given to POA holder to sell as mentioned in POA, how we can check before giving consideration amount to POA holder, that whether POA is revocked/cancel or not????


    • Anil Gupta
      Anil Gupta 20 May, 16 at 6:26 am

      If the PoA is registered in India, you will have to contact the registrar’s office to check its validity.

      I doubt if there is any other way you can find out.


      • Sumit Dara
        Sumit Dara 20 May, 16 at 6:42 am

        If POA comes from Canada person and registered in SDM office in India than how can we check its authencity?


        • Anil Gupta
          Anil Gupta 20 May, 16 at 8:10 am

          You have to visit the SDM office then and ask if the PoA is still the same or have not been superseded pr cancelled by another one.


  140. Anshuman Singla
    Anshuman Singla 8 May, 16 at 1:32 pm

    I am a Delhi resident & wanted to buy a property (50 sq. yd. house) in Ranhola village, Delhi through Registered POA. So what documents shall I ask from owner to avoid any kind of frauds.
    Also due to his personal issues he will give possession of in 5 months so what legal agreement shall I sign with him to get peaceful possession.


    • Anil Gupta
      Anil Gupta 8 May, 16 at 6:46 pm

      Hi Anshuman,
      Your question is out of scope of this article. I would recommend to consult a property lawyer for your scenario.


  141. sankaranarayanan
    sankaranarayanan 27 Mar, 16 at 7:45 pm

    I intend to sell my property . Can I sell through a power agent .The power agent sells at higher price where as i have been paid less. Please suggest


    • Anil Gupta
      Anil Gupta 27 Mar, 16 at 9:11 pm

      What do you mean by power agent? I have not heard this term before.


  142. Bd Mishra
    Bd Mishra 21 Mar, 16 at 4:23 am

    Hello Anil Jee, Thanks for the details on POA. Would you clarify my Doubt? I want to purchase a land. The broker made an agreement with some one who has registered POA? If i Purchase the land, who should sign the sales deed to give me proper title to the land? Can the holder of POA give me a valid title to the property? The broker says he can also ask the owner of the land to sign the sales deed? Can the owner of the land give me a valid title to the land after issuing a POA and without cancelling it? Pl. suggest
    BD MIshra


    • Anil Gupta
      Anil Gupta 21 Mar, 16 at 7:16 am

      It depends on what is written in the POA. If the PoA has special rights with the respect to the Land that you are purchasing, and clearly mentions that the PoA holder can sell that piece of land AND is registered, then yes, PoA holder can transfer the title of property to you.

      I would strongly suggest you to get the PoA and land papers verified from a lawyer before paying ANY amount of money. The fraud in the property cases is pretty prominent in India and hence, it is absolutely necessary to get everything verified before paying any token money.


  143. Raghavendran N
    Raghavendran N 10 Mar, 16 at 4:00 am

    Hello Anil Je, This is great info. Apart from PoA, a life certificate would also be need in Tamil Nadu. Could you please explain on this more?


    • Anil Gupta
      Anil Gupta 10 Mar, 16 at 1:50 pm

      I am not really aware of any Life certificate. It is possible that it is a state specific requirement.
      If it is, then you can get that certificate also attested from Indian embassy using the same process.


  144. XYZ
    XYZ 8 Mar, 16 at 4:10 am

    Hello Anilji, your blog has given me a nice and clear idea. Would you please attach the Affidavit if you have or give some idea what the affidavit should contain! Thank you in advance. Ranjit De.


    • Anil Gupta
      Anil Gupta 8 Mar, 16 at 6:12 am

      Hi XYZ,
      Unfortunately, I have lost that affidavit’s scanned copy.
      It is nothing but a simple declaration that PoA holder is the rightful person and is not doing any fraud.
      You will find people outside registrar office who can write it up in standard format for you.


  145. Jay Nanavaty
    Jay Nanavaty 3 Mar, 16 at 6:49 am

    Hi Anil,

    Your blog has helped me like anything. Thanks a lot for this information. I have question that do we really need to get POA attested at Indian consulate even if person holds american passport but of indian origin. In other words, he is indian and now got american citizenship. Also what is there for greencard holder?

    Thanks,
    Jay


    • Anil Gupta
      Anil Gupta 3 Mar, 16 at 8:16 am

      Hi Jay,
      Tehcnically and legally, a US citizen only needs to get the PoA apostiled from his/her state of secretary and that’s enough.

      But, to be very frank, In India, they may or may not accept only the apostiled document.
      USA and India have an agreement where an apostiled document is legally acceptable in courts and all government offices of India.

      But, The Indian consulate website itself mentions somewhere that it is advisable that you get documents attested as the Indian Registrar’s office (where you would need to register the PoA) may not know about the apostiled rule and hence may not entertain your request!

      So, i would also suggest you to get it attested before sending it to India, just to save time and extra hassles there. Otherwise, you don’t really need it.


      • Jay Nanavaty
        Jay Nanavaty 3 Mar, 16 at 10:33 am

        Thanks a lot Anil. It clears the air. It is unfortunate that even apostiled docs can work, embassy route is what needs to be followed. But I believe it will still be less painful than dealing with Indian offices here. Thanks again.


  146. sureshbabu
    sureshbabu 15 Feb, 16 at 2:23 am

    I bought a house from one party and the house is located in govt. housing board area and He has not got the documents. When i bought from him he gave me power of attorney and it is registered in Sub-registrar office, in this document both partied should be signed or one party (who is giving the power to buyer) sign is enough. Please clarify me this doubt.


    • Anil Gupta
      Anil Gupta 15 Feb, 16 at 7:36 am

      While registration of PoA in sub-registrar office, both should have signed as per my opinion. Otherwise, how would the buyer claim that he has the power to sell the property to next buyer?


  147. CHITTARANJAN
    CHITTARANJAN 14 Feb, 16 at 2:48 pm

    Dear Anil,

    I have a plot of land in remote Rourkela which I want to sell. I am now outside India in Oman and unable to visit for one year. But i want to sell the land by giving a power of attorney to my mother who can select a buyer and collect the money on my behalf. What is the method for that?


    • Anil Gupta
      Anil Gupta 14 Feb, 16 at 8:15 pm

      Hi Chittaranjan,
      I don’t understand your question. If you are talking about the PoA process, then it is listed in above article.


      • CHITTARANJAN
        CHITTARANJAN 15 Feb, 16 at 6:30 am

        Sorry Anil for not making myself clear… My question is: can I give a general POA so that my India-based mother can sell the land to a buyer? She will look around and choose the buyer only after getting the POA.


  148. Gloria
    Gloria 28 Jan, 16 at 3:32 am

    Hi Anil fantastic to have your advice for matters in India which are long drawn out and tedious majority of the time. I have a question please..I have been informed that a Special POA has an expiry date of 3 months from date when it was executed/signed/witnessed by the notary public or 3 months from date it is registered in India? Can you please confirm if either of these statements are accurate? I note above that a registered POA is valid until it is cancelled or revoked by the person who is giving it.


    • Anil Gupta
      Anil Gupta 28 Jan, 16 at 5:48 am

      Registered PoA is valid until it is revoked or cancelled explicitly.


  149. Priya
    Priya 28 Jan, 16 at 1:38 am

    Anil, Can I get PoA on the same day if while I am visiting India? From your instructions, it does appear like a same day process, but I want to be sure.


    • Anil Gupta
      Anil Gupta 28 Jan, 16 at 5:46 am

      Technically, yes, you can get your PoA in one day.
      But, please plan keeping in mind at-least a week as the government office normally delays.
      They might register your PoA and give it back to you same day but is highly unlikely.
      Normally, they call you the next day or after a week to collect the registered document.


      • Priya
        Priya 28 Jan, 16 at 11:25 am

        Thanks.. And for the second visit for collecting the PoA, do i need to be here? or my Mother-in-law (who will be my attorney) can collect that? I will be on a very short business trip to India in Late Feb, and I am trying to see if I can get this done during that visit..


        • Anil Gupta
          Anil Gupta 28 Jan, 16 at 11:59 am

          I think the attorney can collect it. You probably would need to take help (you understand what I mean) with some notary or other people sitting outside the registrar office to get things moving fast.
          They would even deliver it at your home, if you pay them.


  150. Shobhit
    Shobhit 17 Jan, 16 at 4:58 pm

    Anil,This is an amazingly detailed article. I had started following the process, but in the mean time, the property that I was targeting got sold. (This was a resale from a current owner, and not a builder.) I need to restart the hunt again, but I want to ask a quick question before that. Is it possible to use a format similar to yours and NOT specify any specific property (no address, no project name etc.) and give my father a PoA for buying any property in my name? This is because getting a PoA registered is a long drawn process and in case of resale, the seller would probably not wait 1.5-2 months it takes to even get the process started.


    • Anil Gupta
      Anil Gupta 17 Jan, 16 at 6:00 pm

      Hi Shobhit,
      No, you can’t really get a general POA for registering a property. I had inquired about it specifically recently and the answer from sub-registrar office was a NO.
      You need to have an address on the POA, that means, it should be a special PoA specifically in favor of the pre-defined property and not an open one.

      What you can do is, finalize the property and buy it, i.e. create an agreement to sell (normally called paying ‘bayana’ in hindi) or pay token money. Then ask for 60 days to make the payment, which is the standard. Then use these 60 days to get the PoA attested in Indian Embassy and then registered in India.

      That’s the only way I know, you could do it.


      • Shobhit
        Shobhit 19 Jan, 16 at 2:33 pm

        Thanks for the details. But wouldn’t a POA be needed for signing the agreement to sell? If I understand this correctly, agreement to sell would be a legal doc, and for which you mentioned a registered PoA is needed.. Also do you happen to have a template for a GPA (I think the included doc is an SPA.)


        • Anil Gupta
          Anil Gupta 19 Jan, 16 at 3:34 pm

          ‘Agreement to sell’ that I referred is NOT a legal document. It is just a standard document that property dealers use to book the property in your name. The seller cannot back-step after signing this piece of paper. That’s how things happen in India.

          The difference between special PoA and GPA is only the property address. You just remove the specific property address from SPA template and you will get a GPA.


          • Shobhit
            Shobhit 19 Jan, 16 at 9:56 pm

            You are awesome! Thanks for all the details.. One last question (hopefully): Does this mean my dad can sign the agreement to sell on my behalf without a registered PoA?


            • Anil Gupta
              Anil Gupta 19 Jan, 16 at 10:08 pm

              Yes, that what i know.
              I hope you understood the meaning of agreement to sell and what it means.

              In case of good builders, they can give you the allotment letter based on simple ( even un-notarized) PoA but would need registered PoA while giving you possession.


  151. Pragati .Chaudhary
    Pragati .Chaudhary 8 Jan, 16 at 4:40 am

    Thanks for this informative article, Anil. I booked an apartment jointly with my Wife in Noida in July 2012 and then travelled to UK. We are basically from Lucknow and Passports of both of us show Lucknow address. Now Builder has offered the possession and asking me to do the registry by 5th March 2016. We are planning to visit in March but somehow I think that we might not be able to do the registry because Builder is not providing me Occupation/Completion Certificate of the Apartment. Questions are
    1. Do we need to do Two POA, one by my Wife to Her Father and another by me to my Mother or One joint POA would be suffice?
    2. Where do we need to do this POA? In Lucknow for where we have the Address and Identity proof or in NOIDA where property will be registered?

    Thanks,
    Pragati C


    • Anil Gupta
      Anil Gupta 8 Jan, 16 at 8:19 am

      Hi Pragati,
      Thanks for your kind words and congratulations on owning the apartment.
      1. You only need one joint POA since apartment is owned jointly by both of you.

      2. The registration of POA should be done where the POA holder has the address proof. Also, each state has their own set of rules with respect to registration offices.
      Since, you would be going for registration of POA while you are in India, you should first visit the sub-registrar office that has jurisdiction of your residential area in Lucknow.
      They would be able to guide you if they can’t register POA for property located in Noida.
      I am pretty confident that Lucknow office should be able to register as that’s the same we did in our case, being a resident of Delhi, with propert located in Gurgaon.

      Let me know if you need more information.


  152. Jay
    Jay 6 Jan, 16 at 10:52 am

    Hi – I am in the UK and have poa alredy set up and notorised. But its not registered. My flat is on rent in Navi Mumbai and the rental is coming to an end. I understand I need to get the poa registered. Do I need to set up a new poa or is the existing one ok and I just get that registered? Thanks and look forward t hearing from you.


    • Anil Gupta
      Anil Gupta 6 Jan, 16 at 11:00 am

      There is a time limit within which you have to get your Notarized POA registered.
      It is usually a month from the date of attestation from Indian embassy.

      I doubt that you would be able to register your old POA.


      • Dipak
        Dipak 18 Jan, 16 at 10:56 pm

        Hi Anil, as an NRI, I took possession of a flat in Navi Mumbai in Dec 2012.I had a POA document set up & notarised for the purpose of renting the flat out (& not selling it).

        Since then I have been renting out my flat (via my POA agent) but the rental agreement is coming to an end. In order to set up a new rental agreement I am advised that due to a recent legal change, it is now mandatory for the POA document to be registered even for renting out the property? I can appreciate if the POA must be registered for the sale of the property but not sure if it is mandatory for setting up a new rental agreement. Kindly advise. Thanks.


        • Anil Gupta
          Anil Gupta 19 Jan, 16 at 6:52 am

          As per my information, you need to have registered PoA if you want a registered rent agreement.
          Notoarised PoA would work only for normal non-registered rent agreement.


  153. Hari
    Hari 30 Dec, 15 at 2:28 am

    Hello Anil, Thanks for this very informative article.. I am currently in process of buying property in India, and have a couple of questions regarding PoA, which I am giving to my mother.
    1) Can my mother start the process of buying the home (i.e. making initial payments, signing legal docs on my behalf) before the PoA is registered? As I understand, the PoA is only for registry of the property and not for earlier stages.
    2) You mentioned that they were looking for stamped envelope in which PoA was sent. Does the address need to be the same as the my mother’s residential address as shown in address proof. My mother is currently staying with a relative in the city where I plan to buy the property, and it would be easier to send the documents to that address.
    3) Did You and your wife send PoA in separate envelopes? One friend had to pay extra under-the-table money, because they wanted the two PoA documents to be in separate envelopes!


    • Anil Gupta
      Anil Gupta 30 Dec, 15 at 4:33 pm

      Hi Hari,

      1. The signing of LEGAL documents require registered POA. Everything else just depends on the builder’s choice. As far as payments are concerned, anybody can make that payment. They would not even ask about who is making it! They just need money.

      2. Asking for the envelope was just a trick to ask for bribe. There is no such law or rule to have it as a proof. But, it is always good to have it since you are dealing with government babu’s. They might harass and increase the bribe rate if you don’t have it.

      I am not really sure about the address on the envelope. As per my opinion, it should not matter as the POA (the real thing that matters) has the Indian Embassy stamp and signature.

      3. No. You just have to get 1 single POA if the property you are buying in in joint name and you are giving out POA jointly.And this single POA should be sent in 1 single envelope.

      Also, make sure you send the each of your Passport copies too (you can send them over email and they can print there.) For passport copies, no attestation or notary is needed.

      4. Last but not the least, make sure that you have your mother’s name in your passport to prove the relationship. I know this is weird, but they have 100 points to harass and a reason for under-the-table pricing.

      On the closing note, I feel that you will have to pay out something, to get it done ON TIME, even though you have all the paper work.
      We did too and sadly, that’s how it works in India….

      Ideally, only the Indian Embassy registered POA is what matters.


  154. yash mahta
    yash mahta 21 Dec, 15 at 11:36 pm

    Dear Sir, Madam
    mere mummy ki shaadi 1983 me hui thi to hum usi upper ki place per jhuggi dal kar rahte aa rahe the .ab 33 years baad hamne vahe jhuggi ko makan banwa liya hai to niche hamara chaha rahta hai vahe hume us makan ke kagaz dikha raha hai or hum se makan chin raha hai hum power of attorney banwana chaate hai to bataiye ki how to possible kya humare upper ke bane makan ki power of attorney ban sakati hai ya hamare kagaz ban sakte hai mera no hai 8860838172.


    • Anil Gupta
      Anil Gupta 22 Dec, 15 at 6:00 am

      Hi Yash,

      Sorry to say, but this matter is out of scope of this article.
      You should consult a property lawyer.


  155. Siddhi Vats
    Siddhi Vats 10 Dec, 15 at 9:44 pm

    Dear Anil, My brother has given me the POA to sell a land. Now I am selling this land. Please guide in the registry the money transaction mentioned would be between me or buyer or between my brother or buyer. And if the transaction is between me and buyer, whether i need to give the money to my brother legally (through bank transaction) or in cash is ok.


    • Anil Gupta
      Anil Gupta 11 Dec, 15 at 5:34 am

      Money transaction should happen between your brother and buyer.

      If your brother has given the power to do the monetart transaction using your own account, you can do that as well. It depends on what is written in PoA.

      Making transaction through bank account t is already recommended.


  156. Razak
    Razak 4 Dec, 15 at 4:43 pm

    Anil, your article on POA is indeed an unmatched pro job. In this time of internet garbage, its like breeze of fresh and pure air. Highly appreciate your genuine and selfless efforts. Could you please post Draft Affidavit for registration in India? Regards.


    • Anil Gupta
      Anil Gupta 4 Dec, 15 at 9:36 pm

      Unfortunately, I am unable to find the affidavit in my records.
      I will try to find once again and see if I have anything available and share but the chances are bleak.

      In the other hand, the affidavit is a some one and can be made in 50 Rs outside the SDM office (you will find people sitting there for help on it).


  157. Sujatha
    Sujatha 23 Oct, 15 at 10:45 pm

    What kind of Power of Attorney can I take after the divorce from my husband ? This is a condition in my divorce agreement about a plot ,but this land is under prohibition due to some cases pending on it so I cannot register it at present . I need clear picture to secure my land for my children. Pl help me . My mail-sujji1108@gmail.com


    • Anil Gupta
      Anil Gupta 24 Oct, 15 at 5:27 am

      Hi Sujatha,
      I would advise you to please consult a lawyer for your scenario. This is out of scope of above article.


  158. Gaurav
    Gaurav 14 Oct, 15 at 11:39 pm

    Hello, My sister and I jointly own a property. I live in Bangalore and she lives in Haryana and the property is in Haryana. I want to give a POA to her to be able to sell the property. When I went to Bangalore sub-registrar to Register the POA, he said my sister should be present here as well to register the POA. The reason I giving POA is to avoid traveling from Bangalore to Haryana. How do I still get a POA on her name without her physical presence in Bangalore?

    Thanks,
    Gaurav


    • Anil Gupta
      Anil Gupta 15 Oct, 15 at 8:43 am

      Hi Gaurav,

      I think you would need your sister to be present while registering.
      The POA holder’s presence is not mandatory in case of NRIs though.


  159. saira banu
    saira banu 9 Oct, 15 at 8:37 pm

    My seller is in the US.I am planning on purchasing property from him.Since he can’t come, he’s passed on his right to his blood relation his sister thru POA which was notarised in the US and adjudicated in india.Is the POA legally valid? [Please reply now urgently]


  160. saira banu
    saira banu 9 Oct, 15 at 8:36 pm

    My seller is in the US.I am planning on purchasing property from him.Since he can’t come, he’s passed on his right to his blood relation his sister thru POA which was notarised in the US and adjudicated in india.Is the POA legally valid?


    • Anil Gupta
      Anil Gupta 9 Oct, 15 at 8:39 pm

      If the PoA mentions about signing the sale deed on behalf of the US based person, then yes, it is valid.


      • Sumit Dara
        Sumit Dara 20 May, 16 at 6:20 am

        Sir pls confirm how we can check before giving consideration amount to POA holder, that whether POA is revocked/cancel or not????


  161. Amit
    Amit 28 Sep, 15 at 12:27 pm

    My grandmother purchased residential plot some 25 year ago from person who was having power of attorney of his son (ex pravin),

    my grand mother expired some years back leaving her only one succeeder my mother. My grand mother did not transferred 7/12 on her name,

    still 7/12 is on son’s name (pravin), we only have purchase document.

    Initially patwari asked for affidavit from Pravin that he had given authority to his father for selling his land and tahsildaror have affidavit the same.

    Now after 18 days patwari is asking order from tahsildaror ,we ask tahsildaror aout orders, now according to rule tahsildaror don’t have any act to issue this order.To sum up everything no one knows how go about it and case is pending from many month in patwari office.Can I know according which revenue code of Maharshtra this issue could be resolved,what documents should be submitted to patwari oofice for this ??


    • Anil Gupta
      Anil Gupta 28 Sep, 15 at 1:58 pm

      Hi Amit,
      Unfortunately, I have no experience with your scenario. I would suggest you to consult a property lawyer.


      • Devaraju.B.K
        Devaraju.B.K 18 Feb, 16 at 4:48 am

        I have a property in Bangalore, i want to give registered GPA in favour of my friend to sell the same in favor of third parties. I approached the Sub-Registrar to get register the GPA, the Sub-Registrar demanding Stamp duty on the market value of my property. suggest me what to do.


        • Anil Gupta
          Anil Gupta 18 Feb, 16 at 9:12 am

          As far as i know, if you are trying to sell the property on PoA, you have to pay the stamp duty on full selling price.
          This is simply because, you are trying to give away the ownership and selling rights. Government will lose stamp duty tax if they allow you to sell on PoA.


  162. Rajeev Saini
    Rajeev Saini 2 Sep, 15 at 11:21 pm

    I would like to give the process for POA in Australia(sydney).

    1. First you type the POA on plain paper. Say it is 2 pages. One page is not enough as lot of stamps have to be applied on it, hence needs space.

    2. Dont sign yet.

    3. Go to Notary public with 2 witness. Sign yourself and ask the 2 witness to sign.

    4. Notary public applies seal and signs on both pages. Very important. Charges are 60 AUD.

    5. Go to DFAT(if you are Aussie citizen).

    6. They bind the 2 pages and stamp the document. Charges are 80 AUD.

    7. Then go to VFS. You need to fill a form and paste your latest picture. Sounds stupid but that is the reality.

    8. They send the document to Indian consulate for stamping. Charges are 60 AUD.

    9. It comes back to VFS.

    10. VFS hands over to you.

    All in all it takes 2 weeks and costs around 200 AUD to make a POA in sydney Australia.

    Any questions please don’t hesitate to contact me.


    • Anil Gupta
      Anil Gupta 3 Sep, 15 at 4:58 am

      Thanks Rajeev for sharing the information. I appreciate it.


  163. samir
    samir 22 Aug, 15 at 1:14 am

    very nice article. I created a POA using your template and got it attested by the consul. But now my confusion is how the property will be registered in my name? Do I need to send him my passport copies and photos for registration at property registration office or will his (ATTORNEY’S) passport and photos will be used? Also since the attorney doesnt have a PAN CARD can he produce my pan card or its copy for the property registration.?


    • Anil Gupta
      Anil Gupta 22 Aug, 15 at 3:40 pm

      The primary purpose of giving POA is to allow the POA holder to sign on behalf of you.
      Hence, none of your documents are needed here, reason being that they have already been verified at the Embassy attestation step by an Indian govt. official.

      All ID proofs for the purpose of registration of property on your name, should now be the POA holder’s proofs. i.e. for proving his/her identity, POA holder needs to show his passport or Aadhar card or any other acceptable ID proof.

      But, for the sake of NOT wasting time with government offices, you SHOULD send your passport and ID proof Photo copies. You never know what they can ask for, just to make life difficult and a reason to ask for bribe. You know what I mean?


      • samir
        samir 22 Aug, 15 at 8:41 pm

        so i guess the “agreement for sale” booklet wont have a single photo of mine in it just my name as the rightful owner. Thanks for the reply. This article and you are a real help for the NRI community. Keep up with the good work! and GOD bless you!


        • Anil Gupta
          Anil Gupta 22 Aug, 15 at 9:39 pm

          I think you can provide your photo and builder should have no issue in pasting it there.
          In-fact, they would also ask for POA holder’s photo.

          Thanks for your kind words. I am glad this has helped you.


  164. Rupesh
    Rupesh 12 Aug, 15 at 12:38 am

    Very useful article


    • Anil Gupta
      Anil Gupta 12 Aug, 15 at 5:18 am

      Thank you Rupesh.


      • Rupesh
        Rupesh 13 Aug, 15 at 12:25 am

        If i give POA to relative / friend , will that cause him some tax liabilities ?


        • Anil Gupta
          Anil Gupta 13 Aug, 15 at 7:34 am

          No. When you give POA, there is NO monetary transaction that happens. It is just sharing of powers. Hence, no tax liabilities.


  165. Esmail
    Esmail 11 Aug, 15 at 3:08 am

    Hi Anil, just to clarify – the home loan company just requires Special POA which can be notarised and thats pretty easy. But to BUY or SELL a property, it would require a registered POA?? Also, how long does it take to complete the process if you physically present in India.
    I am planning to visit India in September and planning to give POA to my dad.
    Apart from that, do you have to pay any Stamp duty if you SELL your flat if this is done through a person executing POA?


    • Anil Gupta
      Anil Gupta 11 Aug, 15 at 5:09 am

      1. It is good if only notarized POA is fine.
      2. It would take one day in India, if you want to register the POA.
      Only notarization would be a ven easier and faster as notary agents are easily available outside courts. They should not take more than 2 minutes to sign!!

      3. I am not sure if you can sell on notarized PoA. You should consult a lawyer or your apartment builder for more information.


  166. Prasad
    Prasad 9 Aug, 15 at 1:00 am

    Iam planning to give a POA to my uncle for land I own within Karnataka, as my uncle claims that there are people who are sitting on the property claiming it to be theirs, Should I give him my uncle a POA on my behalf, in order for him to file a complaint on our behalf? After giving a POA can my uncle register the property on his name?


    • Anil Gupta
      Anil Gupta 9 Aug, 15 at 6:55 am

      Hi Prasad,
      I would advice you to consult a lawyer for your case. It is out of scope of the above article.


  167. Gyan garg
    Gyan garg 14 Jul, 15 at 4:52 am

    I am planning to buy a flat from one of my friend, this flat allotted to him through Development Authority of city on a discounted rate. and as per clause of discounted allotment he can not sell it before 5years, but can register POA on my name. and as per agreement I can register it on my name after that. my question is that when I am buying this flat through POA, can I avail home loan any nationalized bank to buy it.
    Thanks in advance
    Gyan Garg


    • Anil Gupta
      Anil Gupta 14 Jul, 15 at 5:48 am

      I am not sure if bank would be able to give you loan since your friend cannot legally transfer the ownership before 5 years.
      Bank needs to mortgage the home till u pay off the loan. And for mortgage, you need to have ownership.
      Just check with the bank but I have a strong feeling that they would deny.


  168. Kashyap Rajyaguru
    Kashyap Rajyaguru 13 Jul, 15 at 6:25 am

    Hi Anil, I do have a question about notarized power cancellation. Below is the process we did.
    1) i got ready paper from the person whom my father wanted to give power to sell a property.
    2) We got notary done of those papers and sent them to that guy.
    3) That guy did same notary process. So, by this i assume, its a notary power we transferred to him.

    Now, we want to cancel this power. That guy is saying, we need to go to court to cancel this notarized power. Is it necessary? Or, is there any other process?? Appreciate your reply.

    Thanks,
    Kashyap


    • Anil Gupta
      Anil Gupta 13 Jul, 15 at 7:22 am

      You can create another power of attorney and mention that that all other previous ones stand cancelled.
      The simple notarized POA does not hold any significance in court. It needs to be registered, to be challenged in court.
      So, if you register the new one in registrar’s office, the old one will be cancelled.


      • Kashyap Rajyaguru
        Kashyap Rajyaguru 14 Jul, 15 at 6:00 am

        thanks for the reply. Can you send your contact number on kashyap_guru@yahoo.com. I would like to discuss with you on call if possible.

        Thanks.


        • Anil Gupta
          Anil Gupta 14 Jul, 15 at 7:33 am

          Sorry, but i do not share my number on public platform.
          Also, I am not an attorney/lawyer. You should probably take professional advice as well.


          • Kashyap
            Kashyap 20 Jul, 15 at 7:11 am

            Ohk. Thanks 🙂


  169. Simran Rai
    Simran Rai 9 Jul, 15 at 12:08 am

    Hi Anil,

    1. Can my spouse be one of the witnesses? – I am the sole executant of the POA and my spouse is an american citizen.

    2. The Chicago consulate’s site specifically says “The Consulate will attest the documents only after they have been first notarized and then apostilled by the state authorities concerned in the US.” Your blog doesn’t call out for getting the document apostilled as a mandatory step. Is it Ok to just get the document notarized?

    3. Should I take a copy of the POA along with my picture attached? Or just the signatures?

    Thanks in advance!

    Simran


    • Anil Gupta
      Anil Gupta 9 Jul, 15 at 7:36 am

      Hi Simran,

      1. Yes, anybody having a valid US ID proof can be the witness.
      2. I have mentioned the Chicago Embassy’s condition of Apostile in the article where I talk about the ‘Attestation of POA at Indian embassy’ in detail here:
      http://www.am22tech.com/attestation-of-power-of-attorney-at-indian-consulate/#visiting-embassy-in-person

      Your understanding is correct, Chicogo Embassy needs Apostile irrespective of appearing in person or sending docs by mail.
      3. The copy of POA should also have the pictures, witness signatures and Notary sign (with Stamp). It should be exact replica of the original.

      Let me know if you need more information.


      • Simran Rai
        Simran Rai 9 Jul, 15 at 8:44 am

        Sorry about that. I must have missed the information about Apostile.

        Thanks a lot for the information. Your blog is very helpful!


        • Anil Gupta
          Anil Gupta 9 Jul, 15 at 9:05 am

          No problem and you are welcome.


  170. Deep parkash
    Deep parkash 6 Jul, 15 at 1:23 am

    Deep parkash

    if previous owner OF PROPERTY ( grandmother ) give convenience deed (
    registered from DDA ) to my elder father ( my father has been died) DID
    WE CAN AKE POWER OF ATTORNY FROM ELDER FATHER ?? AND IT HOW MUCH SAFE
    FOR FUTURE …??? can anyone help me out..


    • Anil Gupta
      Anil Gupta 6 Jul, 15 at 6:58 am

      Hello Mr. Deep,
      I am sorry to say but this question is out of the scope of this article and my knowledge.
      It is better to consult a lawyer for advice in your case.


  171. Deep parkash
    Deep parkash 6 Jul, 15 at 1:22 am

    if previous owner OF PROPERTY ( grandmother ) give convenience deed ( registered from DDA ) to my elder father ( my father has been died) DID WE CAN AKE POWER OF ATTORNY FROM ELDER FATHER ?? AND IT HOW MUCH SAFE FOR FUTURE …


  172. ambika saklani
    ambika saklani 18 Jun, 15 at 2:29 pm

    hi Anil,
    thanks for sharing such an important information with NRIs to make our work easy.
    if you have got your POA registered please share the details of the Affidavit.
    Also if somebody out of you people belongs to Himachal Pradesh…please share your experience as i need to get mine registered at H.P.
    as the SDM office people are saying that we had never registered such documents and it is valid as such and doesnt need any registeration because it is already attested by consulate at Embassy.


    • Anil Gupta
      Anil Gupta 18 Jun, 15 at 7:54 pm

      Sure. I think i have missed adding it. Trying to find the scanned image of the affidavit and will upload as and when found.


      • ambika saklani
        ambika saklani 24 Jun, 15 at 10:10 am

        Hi anil,
        Did u find the affidavit????
        Will you plz… Let me know that whether SDM signs on the POA documents or just on the affidavit which is then attached with POA.


        • Anil Gupta
          Anil Gupta 24 Jun, 15 at 11:40 am

          Not yet. I would guess that the SDM would have signed on the POA.
          I will confirm it by tomorrow after asking someone in India to look at the real POA.


          • ambika saklani
            ambika saklani 24 Jun, 15 at 6:25 pm

            Dear Anil,

            Plz arrange to provide the copy of SDM signed POA, if u could plsss….

            My mail id is saklani.ambika@gmail.com


            • Anil Gupta
              Anil Gupta 25 Jun, 15 at 10:45 am

              Hi Ambika,
              I can’t send the POA copy to you, but I confirmed (after looking at our POA) that SDM did sign on the POA with his office stamp and registration number on the back side (because of ample blank space available there).

              Let us know if you need more information.


              • ambika saklani
                ambika saklani 25 Jun, 15 at 11:48 am

                Any comments he wrote there along with his signatures…… And wat kind a affidavit you prepared to get that register… Some idea about the language written….


                • Anil Gupta
                  Anil Gupta 25 Jun, 15 at 11:55 am

                  I am still trying to find the Affidavit copy somewhere but looks like we have lost it. The SDM guided us on what Affidavit is needed and there are many people outside the SDM office who already have the format.

                  No comments have been written by SDM on POA. It is just a stamp, date, registration file number and his sign, fees amount and nothing else.


              • ambika saklani
                ambika saklani 25 Jun, 15 at 12:00 pm

                How much was the registeration fee for your state???


                • Anil Gupta
                  Anil Gupta 25 Jun, 15 at 12:04 pm

                  Rs 50.


              • ambika saklani
                ambika saklani 25 Jun, 15 at 12:07 pm

                Thanks…..a ton for ur guidance


                • Anil Gupta
                  Anil Gupta 25 Jun, 15 at 12:24 pm

                  You are welcome.
                  Let me know if you have any more questions and I will be glad to help you.


  173. Neeraj Shrivastava
    Neeraj Shrivastava 21 May, 15 at 3:07 am

    Hi Anil
    Thanks for the detailed post. I am going through similar problem.
    My property is co-owned by my wife. We both want to give POA to my father.
    But lawyers are suggesting as my wife is not having blood relation with my father, she can’t give POA to my father.
    Any views on this?


    • Anil Gupta
      Anil Gupta 21 May, 15 at 7:56 am

      Hi Neeraj,
      I don’t think there is anything to do with blood relation while giving out POA.
      You can even give it your friend.
      I myself gave it to my mother-in-law.


  174. clin
    clin 14 May, 15 at 3:58 am

    does a person with special power of attorney be able to sell the property even if the principle doesn’t want it to be sold. or if the special POA is given to a person , and he dies of natural causes Can he he or her successor be a part of the POA


    • Anil Gupta
      Anil Gupta 14 May, 15 at 4:56 am

      Hi Clin,
      The PoA holder has the rights to do what is mentioned in the special POA. If you allow to sell, he will be able to sell too.

      I don’t think the successor or POA holder will automatically be added to PoA. You probably have to create a new POA and register with legal heirs name.

      You may want to take a legal advice on this too.


  175. RAJ CHANDAK
    RAJ CHANDAK 9 May, 15 at 1:21 am

    my property is at up how i give power of attorney pls advice and i lived at rajasthan


    • Anil Gupta
      Anil Gupta 9 May, 15 at 7:53 am

      You can follow the same process as mentioned above.
      Do you have any other questions?


  176. Mahesh
    Mahesh 4 May, 15 at 9:23 am

    Thanks Anil for helpful and very well detailed post on PoA. Isn’t Apostille of PoA required nowadays for Registration of PoA ? One of my friend needed to redo the entire process after his father was that that his PoA can’t be registered because it is missing Apostille.


    • Anil Gupta
      Anil Gupta 4 May, 15 at 9:51 am

      Apostile is not a mandatory step. You can get it attested by Indian Embassy if you are not going for Apostile. We got it registered in Delhi without Apostile
      Let me know if you need more information.


      • Mahesh
        Mahesh 6 May, 15 at 9:09 am

        Thanks Anil, SDM Office that Mohali, Punjab mentioned that it is mandatory and without that they didn’t register.
        Another question is that for two witness signatures in US do they need to do it in front on Notary and their signature also notarized ?


        • Anil Gupta
          Anil Gupta 6 May, 15 at 9:18 am

          1. If Apostile is mandatory in Punjab, then you can probably skip the Embassy attestation. As India has signed a treaty with US and only one of it is necessary (either Apostile or Embassy attestation).
          2. If the 2 witnesses are going to Indian Embassy with the executant for attesation, they can sign in front of the consulate and there is no need for Notary.
          2 A. If witnesses are NOT going to embassy, then yes, they would need to sign in front of notary.
          2 C. if you are not going for embassy attestation and just want to get Apostile, you would still need to get the witnesses signatures in front of notary.

          Let me know if this answers your question.


          • Mahesh Bansal
            Mahesh Bansal 12 May, 15 at 1:03 pm

            Thanks Anil, As you have mentioned in your article there is nothing clearly stated. You have to go by the demands the interfacing officer.


            • Anil Gupta
              Anil Gupta 12 May, 15 at 1:14 pm

              Yes. That’s true. I guess that’s the way India works!


  177. Arun Bharadwaj
    Arun Bharadwaj 4 May, 15 at 8:54 am

    Dear Anil, I have a property in Gurgaon and I have got a POA in favour of my brother-in-law notarised and attested in Singapore by a public notary and by Indian High Commission, respectively. Now, it has to be registered in India. My brother-in-law went to the Delhi court but they asked him to go to a Gurgaon court since the property is in Gurgaon and Gurgaon court asked him to get it registered in a Delhi court since my brother-in-law is a resident of Delhi. It is a catch-22 situation for me. Can you please suggest a resolution to this problem please? Thanks.


    • Anil Gupta
      Anil Gupta 4 May, 15 at 9:11 am

      This is exactly the same case as mine.
      1. Your brother-in-law should go to the SDM office of his area (based on his residential address in Delhi). POA can’t be registered in court.
      For us the jurisdiction was in Rohini, Delhi and the SDM office was in Saraswati vihar.
      He can search for his area’ s SDM office on Delhi government website or google.
      2. Once he approaches the SDM office, follow the process mentioned in above article.
      3. SDM office would not deny it on the basis of property address. They go by the POA holder’s residence address in Delhi.

      Let me know if you need more information.


  178. Satish Chandra Jain
    Satish Chandra Jain 2 May, 15 at 8:05 pm

    anil ji, we have planned to purchase a flat in noida but yet not finalised. can we get the POA prepared from our daughter in law in advance so that when we purchase, POA will be ready with us.. in that case what will be the format of POA as we don’t have flat no etc. regards.


    • Anil Gupta
      Anil Gupta 2 May, 15 at 8:27 pm

      Satish ji,
      You would need a ‘Special POA’ for purchasing property and a special POA would need the Flat number with the company name also.
      I would advise you to prepare the POA only after finalizing the property.

      You can also ask the builder/developer if they are ready to accept the general POA, in which case, you can prepare it in advance. Normally, they don’t and hence I would advice you to wait till you have finalized the property.


  179. Satish Chandra Jain
    Satish Chandra Jain 2 May, 15 at 8:00 pm

    excellent article. please tell which documents can be a proof when daughter in law(NRI in singapore) is giving GPA to mother in law in noida . will son’s marriage certificate and son’s passport mentioning wife and mother’s name suffice


    • Anil Gupta
      Anil Gupta 2 May, 15 at 8:23 pm

      Satish ji,
      Yes, these proofs are sufficient. In addition, they might ask for your (the POA holder’s) address proof. Check the documents that I have mentioned in above article as proof.


      • Satish Chandra Jain
        Satish Chandra Jain 3 May, 15 at 6:06 am

        anil ji, gr8,
        the way u have explained the issue of POA for NRI is wonderful, for the first time in my life i could find such a elaborate and clear cut answer to an issue. hats off to u anil ji. regards


        • Anil Gupta
          Anil Gupta 3 May, 15 at 7:41 am

          Thanks Satish ji for the kind words. I appreciate it.


          • Srini
            Srini 25 May, 15 at 10:27 pm

            Hi Anil. I am a NRI but U.S. Citizen now. I send Embassy notarized POA to my brother to sell my property in Mumbai. Do I have to register POA in U.S. Or Do my brother have to register at SDM of his home address in Pune? Please let me know.


            • Srini
              Srini 25 May, 15 at 10:30 pm

              My brother was told by Registrar in Mumbai that I have to register POA in U.S. I never heard of resignation process in U.S. On $90 stamp paper that registrar s referring to.


              • Anil Gupta
                Anil Gupta 26 May, 15 at 4:06 pm

                Hi Srini,

                Since you are a US citizen now, the process has added steps for you.

                You would need to do the extra steps of County certification + Apostile:
                Step 1. Get the POA notarized by a notary.
                Step 2. Get the POA certified from your County Clerk’s office. This step may or may not be applicable in your particular US state. In NY, this is mandatory.
                Step 3. Get the POA A-Postiled by Secretary of state.
                Step 4. Get the POA ATTESTED by Indian consulate.
                Step 5. Get the POA registered in INDIA with SDM office.

                Let me know if you need more information.


            • Anil Gupta
              Anil Gupta 26 May, 15 at 4:07 pm

              I have listed the steps in my other comment below against your question.
              Let me know if you need more information.


  180. Nileshwar
    Nileshwar 13 Apr, 15 at 3:16 am

    Hi Anil, Excellent article & very useful. I have a question.
    My friend is in USA. His wife has a plot of land in Bangalore. She had in January 2015 given HIM P/A to transfer, and he came & executed an agreement of sale. Now when the registration of plot is to be done, he is unable to come to India, and his wife has sent me a FRESH P/A in MY favour. Can I register the P/A, and go ahead with registration of the property without his wife cancelling the earlier P/A in favour of her husband?


    • Anil Gupta
      Anil Gupta 13 Apr, 15 at 6:17 am

      As per my knowledge, if the first P/A was not registered in India, it does not make any difference.
      And if the register the second POA on top of the first one, the old one will be assumed to expire.

      I would still suggest you to touch base with SDM office (or office is registrar) to get the exact information.


  181. Shoeb
    Shoeb 12 Apr, 15 at 9:37 pm

    Hi Anil, Excellent article it helped a lot.
    Actually I was applying for a home loan in India, Will POA work in that case? Off course I will be providing bank all the documents they required but for signing the documents I won’t be present in India.(I am in Canada right now) . Can you suggest something?


    • Anil Gupta
      Anil Gupta 13 Apr, 15 at 6:14 am

      Yes, POA will work for signing loan documents. All banks these days including Government banks like SBI provide this facility for NRI’s.

      Just get in touch with he bank and they will also share a sample POA that they would need.
      After you have the sample, the process is same as mentioned above.


  182. harsh
    harsh 31 Mar, 15 at 1:27 am

    hii anil,
    thats a really useful post.
    My concern ,is we hv a agricultural land to be sell n nw my father is no more.Myself ,my mother nd sister are the legal heirs of my father.
    Can I execute registration of this land with POA of my mother n sister?
    thnx


    • Anil Gupta
      Anil Gupta 31 Mar, 15 at 7:40 am

      Hi Harsh,
      I am not the right person to guide on this ‘sale of property’ matter. I would suggest to consult a lawyer and get the best advice.


  183. Tushar Salgia
    Tushar Salgia 16 Feb, 15 at 5:10 am

    Dear Anil,

    First of all thanks for such a detailed information.

    I am struggling with a related problem, and would appreciate your guidance.
    To give a brief background: We have a POA executed in USA, for releasing a joint owner’s stake in a property (situated in India). However, there is a mortgage on the property and we need to get a No Objection Certificate (NOC) from the Bank, for which the Bank is insisting on providing a Registered POA. The Bank is specifically stating that a POA attested at the Indian Consulate is not sufficient and they need a POA Registered at the Sub-Registrar / Registrar office to release the NOC to a POA holder (the Attorney).

    Now, the fun part is that the Sub-Registrar Office says that they cannot register the POA until both parties i.e. the Exeuctant and the Attorney are present in-person. The Executant cannot travel from US, due to visa constraints, and we are stuck up in a messy situation.

    In one of the posts you had mentioned that procedure of registering a POA in case of sale is different, may be that’s where the solution lies. Is there a way to get in touch with you? If so, please let me know on tusharsalgia@gmail.com

    Thank you very much.

    Regards,
    Tushar


    • Anil Gupta
      Anil Gupta 16 Feb, 15 at 11:03 am

      Hi Tushar,

      I am not an expert on this matter, but can safely say that you cannot SELL the property on the basis of POA now. POA can only be used for matters other than ‘SALE’ as mandated by supreme court recently.

      And in case of procuring NOC from bank, they will issue it, if the POA is registered. I have done it myself and it worked with SBI.

      Also, you should get the POA registered in the SDM office and not sub-registrar (also known as office-of-registrar) office. There is a difference between the two. I have clearly mentioned above the two scenarios based on the executor’s physical location at the time of writing POA.

      In your specific case, your ATTESTED (by Indian embassy) POA should be REGISTERED In SDM (Sub-divisional magistrate) office. SDM office are different for each region and are based on the ADDRESS of the POA holder.

      I know it is tough to digest but that’s the reality of Indian system. I too had to roam around many government offices before understanding the whole concept.

      Does that answer your question?


  184. rahul3214
    rahul3214 21 Jan, 15 at 2:03 pm

    hi,

    these days im facing some problem i hope you can give me some suggestion. actully my problem is simple and twisted, my father purchased a land on my uncle name long time back and now my father had sold out that property to some1 eles through (POA) but after a year passed my uncle made a complain agaist my father that he have forged the documents and sold it to some1 else and my bad the POA is not registerd in the department,where all the documents where sent to transfer POA to POA on the other person name.

    because my uncle was asking more money when he already tooked the money from my father before singing the documents and my father paid him the nice money to my uncle but after a year past he made some query and found out that the POA which was first in his name did not have any record registered of the POA of other person, and we made a query with a person who took all the document to transfer POA of uncle to other person and he’s saying that its registered in the department and wen we made query with other person who live their from where the POA transfered work is done he first said yes its registered then after a day he said its registerd but photographs are missing and today when he asked me to forward the POA documents Picture thru whats up and after some time i sent the pictures and know in the evening hes saying theres no POA record register in that name but im having all the legal documents with all the legal things which they do to register the POA in the department .im confused dont know what to do.

    help me out waiting to hear from you soon


    • Anil Gupta
      Anil Gupta 22 Jan, 15 at 11:51 am

      Hi Rahul,
      You have confused me with no commas, no full stop…everything in just one single sentence.

      I think your case is a legal matter and you should consult an lawyer. I am not a legal expert in this matter.


  185. chandan
    chandan 19 Jan, 15 at 4:57 pm

    Hi, Can a builder give possession on just the Notarized PoA? If it is not a valid legal document how can the builder decide to give possession on the basis of that? Is it that builder just needs something more than an email or call to give possession to someone else than the owner?


    • Anil Gupta
      Anil Gupta 19 Jan, 15 at 7:02 pm

      Hi Chandan,
      Giving possession is a builder’s choice. Taking the possession does not make you the legal owner of the property/flat. So, it does not matter from the builder’s point of view.

      The real thing is registration of the property as it happens on legal stamp papers and in court. They will never do it without registered POA.

      Most of the Builders these days are pretty cautious and would NOT give you possession without registered POA.

      Does that answer your question?


  186. Gurpreet
    Gurpreet 6 Jan, 15 at 9:04 pm

    Hi Anil,
    Thanks for this post. Further I followed the process and sent a POA on my dad’s name back in INDIA (Punjab). Now the real problem (as you faced).
    I sent POA on my Dad’s name in India who lives in Punjab. I gave a general POA so that he can use it for any purpose (Financial, Legal etc etc). My main motto is so that my dad can collect my property documents from LIC Bangalore office on my behalf. When my dad went to local SDM office in Punjab he accidently told them that he has to collect the documents on my behalf from Bangalore using this POA. Now the local Notary/SDM office guy is telling that he has to go to High Court of Punjab to get POA register. Its Illogical as it sounds to be. Any clue/experience any one has like that.
    Regards
    Gurpreet


    • Anil Gupta
      Anil Gupta 7 Jan, 15 at 9:32 am

      Hi Gurpreet,
      In our case, my mother-in-law did collect the property papers based on the POA registered with SDM office.

      Just a thought, have you mentioned anything about SELLING the property in the POA? I guess when it is about selling, the POA has be to registered differently. For all other matters, the POA should be okay to be registered with SDM office. I am not 100% sure about this scenario though.

      On the other hand, if the issue is only the collection of documents from LIC office, you should contact them to know if they REALLY need a registered POA?
      In our case, the SBI bank (in Gurgaon, Haryana) did not ask for a registered one. They were okay with the POA that was just attested by Indian consulate.

      Also, if the SDM office has advised to approach the high court, I guess you have no other option. I am not sure how concrete and true is the knowledge of the guy sitting there. These laws are sometimes state specific too.

      I would certainly share more information if anyone in my friend circle has faced this in Punjab.


  187. shivender
    shivender 24 Dec, 14 at 7:52 am

    My sister holds the registered POA of my flat. is it possible to revoke it without my presence? can she go and revike the POA herself without my presence?


    • Anil Gupta
      Anil Gupta 24 Dec, 14 at 8:15 am

      I don’t think it is possible without your presence. Revocation should be signed and authorized by the original executants.


  188. Mohit
    Mohit 22 Dec, 14 at 4:28 pm

    Thanks for such a detailed information. I am also experiencing a similar situation wherein I have been waiting for the builder to give possession of my apartment so that I can go for the registry but now I have decided that I am going to India anyways.
    So Anil do you know how much does it costs to get the POA registered? I am sure you might need to go through a broker to get it done in less time.


    • Anil Gupta
      Anil Gupta 22 Dec, 14 at 6:43 pm

      Hi Mohit,

      It would take about INR 2500 including government fees and any broker charges. This is on the higher side though. You can expect to shell out even less than this based on your negotiation skills.


      • Mohit
        Mohit 23 Dec, 14 at 9:39 am

        ok thanks Anil. and this same process applies for possession in Noida.. right?
        The reason I am asking you this question is that one of the employee of the builder I purchased my apartment from said that I have to be present for the registry.
        I was looking for a workaround and found your article.

        If Registered GPA works in Noida for the registration of new apartment then it will be great.


        • Anil Gupta
          Anil Gupta 23 Dec, 14 at 10:07 am

          Yes, it should be more or less same in Noida too.


  189. isha
    isha 14 Dec, 14 at 3:17 am

    This post is so helpful and very well detailed. Thank you very much! I have been breaking my head figuring out the procedure. Atleast the part an NRI needs to do here in US is very straight forward. I figured it out after couple of hours on internet. But i had no idea about the “registered power of attorney” thing. I thought once my part is done here in US that’s it..but looks like that is just the warm up part. The real game is in India.


    • Anil Gupta
      Anil Gupta 14 Dec, 14 at 9:17 am

      Yes Isha. You are right.
      I myself have gone through this whole thing of getting the POA registered in India after attestation here in USA. It was really easy in USA but the moment things shifted to India, it was the same sarkari babu story.

      Nevertheless, it was done after some hassles. I have used that registered POA to get the property registration (conveyance deed) too.
      So, this works 🙂


      • Atul Pandey
        Atul Pandey 6 Feb, 18 at 1:49 am

        Dear Anil

        Thanks for the detailed post. We have some ancestral property in Uttrakhand that we are interested in SELLING. The only issue is that one of my brother is now a US citizen. He would be required to give a POA authorising someone to sign on the sale deed on his behalf. What would be the exact procedure in this case and how would we be able to seed him the sale proceeds.
        We have been told this POA need to be registered with the indian consulate in the USA and then needs to be submitted to the registrars office in Uttrakhand.


        • Anil Gupta
          Anil Gupta 6 Feb, 18 at 8:06 am

          1. Your brother in US needs to first get the POA attested by Indian Embassy.
          Complete steps are available here:
          https://www.am22tech.com/attestation-of-power-of-attorney-at-indian-consulate/

          2. Then, he needs to send it to Indian, where you or the person who will be mentioned in his PoA has to register it in India.
          Complete step by step process is mentioned in above article for registration.


          • Atul Pandey
            Atul Pandey 6 Feb, 18 at 10:58 am

            Many thanks Anil. Truly appreciate your help


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