Create NRI Power of Attorney for Education Loan, Real Estate
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.
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Power of Attorney 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 thought about buying an apartment in India and can’t visit personally to take possession, use PoA.
Register Power of Attorney In India
Sharing rights with any of your family members or a friend by issuing a registered power of attorney is the legal and correct way of managing property, bank loans, stocks, and other assets located in India.
The builder or developer will also ask for a registered POA to give you possession of the 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
- The office of the registrar would need 2 witnesses to sign the POA in front of the registrar (Physical presence is required). Tip: Arrange for any 2 friends or relatives to visit the registrar’s office with you. There are always some people available outside the registrar’s office to help, with money.
- Carry self-attested documentary proof like address proof, voter ID card, passport, and Aadhar card in original along with their photocopies. You never know what they can ask for with no official published list of documents.
#1 Create POA
Write down the POA terms on an INR 100 stamp paper. At this point, the POA is termed a simple POA.
Create Indian Power of Attorney Online >
Visit the office of the Registrar (commonly known as the office of the sub-registrar) for your residential location. Each region within your city may have different offices.
Example: Residents of Karol Bagh, Delhi would have a regional Registrar office located at Asaf Ali Road, Daryaganj.
#3 Photo Click
The registrar will click and store pictures of you, the POA holder, and the witnesses in the government records.
The registrar will keep a copy of the 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 Create POA
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.
Create Indian Power of Attorney Online >
#2 Indian Embassy Attestation
Get the POA attested by the Indian Embassy/Consulate in your country of current residence.
#3 Mail to India & Register in the SDM office
Send consulate / Indian embassy signed or attested POA to India by postal mail.
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.
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 extra money to be paid.
Processing time is 15 business days if you are okay to pay the extra charges demanded.
Once this POA is stamped by SDM, it is considered a registered power of Attorney.
No witness is required in the SDM office for registration.
Registered POA is acceptable in any government office for the purpose of possession and registration (also known as conveyance deed) of property.
Education Loan POA
You can create power of attorney for taking an education loan from any national or private bank in India.
For example, You can create tried and tested power of attorney for banks like SBI, Punjab National bank, or a private bank like ICICI, HDFC, etc to help your relative sign loan papers for you in India.
Create Indian Power of Attorney Online >
The education loan POA does not usually need registration in India. Only the notary in a foreign country or the Indian Embassy attestation is enough.
If your bank is asking you to specifically get the POA registered in India, then you can get it registered in the sub-registrar office.
The POA should also give rights to the POA holder to sign, a mortgage (any security to cover the loan) and you should explicitly mention that you will be liable for all actions taken by the POA holder.
You can create such power of attorney online using the apps.am22tech.com app. They offer a full refund if the POA is rejected by Indian Embassy.
Real Estate/ Flat/ Land Buying Power of Attorney
The same app can be used to create power of attorney for real estate purchases, sales, possession, or getting an NRI home loan.
An NRI (non-resident Indian) can use the special power of attorney to buy, sell, or take possession of a real estate property in India.
The same POA can be used for managing home loans in India by a member of the family. Your POA holder can make payments for home loans like SBI Maxgain, HDFC, ICICI, and other banks.
Note that you will need to get the POA attested by the Indian embassy before registering it in India.
Documents Required for registration of POA
If you are an NRI, you should check the process to have the attested power of attorney from the Indian Embassy
- Affidavit (on stamp paper of Rs. 100) for PoA holder’s swearing for his/her identity. Nominal stamp duty of Rs. 4 or Rs. 10 also needs to be paid. Check with your local SDM office for details.
- The Envelope which was used to send the POA from the US to India is also required. Sounds strange but it was asked by the officer in the SDM office (smelling bribe?).
- Passport photocopies of the Executants (Person/s who have created the POA) in the Power Of Attorney. For example, both husband and wife are executants of the POA.
- 2 (number) Address and ID proof of the POA holder. One could be a passport and another can be an electricity bill, water bill, etc.
- A document that can prove the relationship between the POA holder and POA executants. This is completely illogical since the 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.
- You will have to submit the original POA along with the documentary proof to the SDM office.
A notarized POA is not the same as a Registered POA.
A notarized POA is equivalent to a simple POA and has no legal validity in cases of property management.
Banks in India accept notarized Power of Attorney for the purpose of home loans. There is no need to get the POA registered.
Banks like SBI, HDFC, ICICI, PNB, etc. do accept Notarized special POA.
The total cost of registration of power of attorney should be around Rs. 2500 including government fees and any lawyer fees that you may have to pay.
The power of attorney should be registered in the state where you have 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’s 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.
The registered POA allows the POA holder to register the property on the behalf of POA issuer/grantor.
A registered POA is a legal document.
The power of attorney stays valid until you explicitly revoke or cancel it.
The cancellation process is the same as the registration process. You have to visit the Office of the 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.
Indian stamp paper is not required for writing the power of attorney if you are outside India.
Many people living in the USA, UK, Canada, etc create power of attorney for various purposes. They need to follow their local laws for creating the power of attorney and hence Indian stamp paper is not required.
You can print power of attorney on a plain white A4 sheet of paper.
A general power of attorney is a generic version that does not mention the specific flat/apartment details as compared to a Special attorney which has exact details of the property to be managed.
General POA contains terms and conditions to share the signing authority for general purposes like management of bank accounts, shareholding accounts, rent acceptance for multiple properties, etc.
Recent discussion on forum
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.
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.
Yes, they can create power of attorney.
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