Registered Power of Attorney In India For Managing Property

By Anil Gupta, 292  Finance

Registered power of Attorney In India is required to manage property if you are NRI. Use the sample POA template and register in SDM or registrar office.


Power of Attorney (POA) is nothing but a simple document which lists out the powers that you want to share with the POA holder. It is primarily used by NRI (Non-resident Indians) to manage their property in India.

For example, if you have bought an apartment in India and you can’t visit personally to take the possession, or sign in the registrar office for registration in your name, you can share these rights with any of your family member or a friend by issuing a registered power of attorney.

Please note that it is strongly advised to have the POA registered specifically for property matters.

You would have also heard the same from your builder/developer, asking for a registered POA to sign on your behalf.
This is my own experience with finding the meaning of registered POA and what all is needed to get it.

See Also: H4 EAD application and documents list for H1B dependent’s work permit


1. Sample Power of Attorney for property Management in India


This is a template for special power of attorney that you can use to share the property or apartment possession or rental rights.

SPECIAL POWER OF ATTORNEYSample
WHEREAS I/We, [Executant1 e.g. Anil Gupta] and [Executant2 e.g. Pooja Gupta],
presently residing at [YOUR CURRENT RESIDENCE ADDRESS (write outside India address if you are not in India – e.g. 123 river rd, MA, USA]
and [BUILDER/COMPANY NAME WITH ADDRESS- e.g. M/s UNITECH Pvt Ltd., New Delhi] (here in referred to as ‘Company/Corporation’).I/We jointly approached company/corporation to purchase an apartment and company/corporation agreed to sell the apartment number
[EXACT FLAT NUMBER – e.g. A101] in the [PROJECT NAME AND ADDRESS e.g. ABC project, Sector 11, Gurgaon, Haryana].

The apartment has the size of [AREA e.g. 1200] Sq. Ft. with [NUMBER e.g. 1] open car parking at the rate of INR [PURCHASE PRICE] per Sq. Ft.

Now, I/We the above described as [Executant1 e.g. Anil Gupta] and [Executant2 e.g. Pooja Gupta] do hereby appoint, nominate and substitute [NAME OF POA HOLDER e.g. ABC SHARMA] resident of
[POA HOLDER’s ADDRESS IN INDIA – e.g. 111, Old road, Delhi -110006] as and to be my/our true and lawful attorney,
for me/our in my/our name and on my/our behalf to do the following acts:

To sign, execute any deed for receiving the possession of the said apartment described above on my/our behalf and to execute any other document necessary to accomplish the aforesaid purpose.
To represent me/us in the office of [BUILDER/COMPANY NAME WITH ADDRESS- e.g. M/s UNITECH Pvt Ltd., New Delhi] to make payment of the balance sale price and all the amounts due and payable under the said agreement, to sign and deliver any letter, document and/or representation in connection with the possession of said apartment.
To represent me/us and sign on our behalf in the office of the sub-registrar for the purpose of registering the property and pay the requisite stamp duty to government.
To represent me/us for the purpose of renting out the apartment, receive the rent and sign the necessary documents with the [PROJECT NAME] RWA (Resident welfare association) as applicable.
And I/us do hereby agree and undertake to ratify, confirm and be bound by what me/our said attorney shall or purport to do or cause to be done by virtue of those present as if the same have been done by me/us personally.

Sample of Attested Power Of Attorney In Consulate Of India - New York

Sample of Attested Power Of Attorney In Consulate Of India – New York. Click to enlarge the image.



2. Register Power of Attorney In India


There are two cases and two different processes to get the power of attorney registered, depending on your location. This is the process that I could find in Delhi, while I was still there.
It may or may not be same at other locations/state in India.

You are physically present in India and plan to leave soon
  1. Write down the POA terms on a piece of paper. Normally, you would do it on a INR 100 stamp paper. At this point the POA is termed as simple POA.
  2. Reach out to the office of Registrar (commonly known as office of sub-registrar) for your residential location.Each region within your city may have different offices. For example, I used to reside in Karol Bagh, Delhi and my regional Registrar office was located at Asaf Ali road, Daryaganj.
  3. Office of registrar would need 2 witness to sign the POA in front of the registrar (Physical presence is required).

    Tip: If you can’t arrange any 2 friends or relatives to visit registrar office with you, there are always some people available outside the registrar office to help.

    And yes, no prizes for guessing that this help comes for a price. Use your negotiation skills.

  4. It is advisable to carry all the documentary proof documents like address proof, voter ID card, passport, Aadhar card in original along with their photo-copies. You never know what they can ask for. I could not find any official published list of documents and hence advise to carry as much proofs as possible to avoid inconvenience.Do not forget to carry the POA with you.

    All the photo-copies should be notarized or attested by a gazetted officer (First class government officer).

    I am not sure if this requirement has been substituted by ‘self attestation’ as publicized by new central government in 2014 yet. So, it is better to get them notarized before-hand.

  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 (you are NRI holding Indian passport)
  1. Write down the POA terms on a piece of paper. Since, you are not in India, you can avoid the stamp paper. A plain white A4 size paper is sufficient.The idea is to write whatever powers you want to share with the POA holder in plain English or your preferred language.
  2. Get the POA attested by Indian Embassy/Consulate in your country of current residence with 2 witnesses.Read this separate article for the complete process of getting POA attested in Consulate Of India – New York.

    The process should be same all over in all Indian Embassies. I guess this would be same in other countries as well.

  3. Now, send this consulate / Indian embassy signed or attested POA to India. Use any postal service like USPS here.
  4. The person in India needs to get this POA registered to actually make it a valid document and term it as Registered power of attorney.
  5. Reach out to the SDM (Sub-divisional magistrate) office.The concerned government office would be defined by the address of the POA holder (the person who you name in POA as your legally bound decision maker) and NOT your own address. Well, this address may be same if you are sending it to your parents or could be different if you are taking a friend’s help.

    NOTE: The SDM (Sub divisional magistrate) office and office of registrar are two separate government departments/offices.

    The real struggle starts with Indian government office here. Believe me, it may not be a simple process of just paying the fees and getting the document registered.

    In our case, our POA holder was asked to produce documents which were NOT even mentioned anywhere. The behavior of the officers clearly pointed towards asking for bribe.

    Documents required for registration of ‘Attested power of attorney from Indian Embassy’

    1. Affidavit (To be written on stamp paper of Rs. 80 or Rs. 100).A nominal stamp duty of Rs. 4 or Rs. 10 is also need to be paid. You have to check with your local SDM office for these details. We were registering it in Delhi and I will share the scanned copy of Affidavit here soon.
    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.I think they just try to find a document which they can claim as missing to harass you and eventually ask for bribe.

      Luckily, my POA holder was my mother-in-law and she had this envelope safe and secure with her. Sometimes, they play intelligent too….kidding.

    3. Passport photo-copies of the Executants (Person/s who have created the POA) in the Power Of Attorney.For example, in my case, me and my wife were the executants of POA. So, we had to send copies of our passports (front and back pages with photo and addresses).
    4. 2 (number) Address and ID proof of the POA holder. One could be 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.But, can you really argue with a Sarkari babu? Not really!In our case, my wife had the name of her mother listed in her passport and this proved that she is her mother. I guess this was another googly that SDM babu tried to throw at my mother-in-law but she just hit it for a six all the way.
    6. You will have to submit the original POA along with the documentary proof to the SDM office.
  6. The general time frame for this POA to be registered is 15 business days. Off-course we did not expect any magic to happen here.The SDM office informed my mother-in-law to wait for their call and then re-visit SDM office.
  7. She did not receive any call even after a 1.5 month and had to visit without a call. She spoke to the SDM directly and then he approved and stamped the POA.
  8. Once you get this POA stamped by SDM, it is considered a registered power of Attorney.

    No witness is required in SDM office for registration.

  9. This registered POA is now acceptable in any government office for the purpose of possession and registration (also known as conveyance deed) of property.


Registered power of attorney for property management in India

Registered power of attorney for property management in India



Frequently Asked Questions


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


The simple and straight-forward answer is NO.

This is pretty confusing and is frustration is aggravated when no-body knows the correct answer. When I was trying to find an answer, I had consulted Lawyers, Notary guys and other people sitting outside the courts. They all boast to guide you well for a good amount of money but believe me, they all just try to fool you.

Please don’t fall prey to their guidance that ‘Notarized POA is same as Registered POA‘. It is NOT.

Notarized POA is equivalent to simple POA and has no legal validity in cases of property management.
If a builder/developer has specifically asked you for “registered POA’, then you need to follow the process I have listed above.


Is ‘registered Power of Attorney’ required for Bank Home Loan Management?


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

In my case, the bank loan was from SBI, Gurgaon and they were fine with the Notarized POA. This POA was a special POA which specifically mentioned, that I am sharing the rights with the POA holder to execute any monetary transactions related to home loan for a specific property.

A general POA on the other hand would never name a specific property. It would just share generic set of rights but never for any specific property.


Cost of Registering Power of Attorney


The cost depends on your location. If you are in India, the total cost would be around Rs. 2500 including government fees and any lawyer fee that you may have to pay, for riding you through government’s processes.

If you are outside India, you have to check the Indian Embassy website for the cost.

But, one thing is sure that the cost would be pretty higher outside India for NRIs. So, it is advisable to get the POA made and registered while you are still in India.


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


Its a very good question. I faced this situation as I lived in Delhi but the property was in Gurgaon.
In this case, the POA should be registered in Delhi.

As per the information provided to me by the Gurgaon’s Registrar office at the time of writing this article, it should Delhi.
You can ONLY get the POA registered in Gurgaon, if you have an existing address proof from Haryana. But, this rule may be different in other states.

As per my knowledge, you should be able to get the POA registered either in your current residential state or the one having the property in question. But, since Haryana government passed a specific rule to this convention, I had to visit the Delhi’s registrar office.


Can The POA holder register the property with Registered POA?


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


Expiry or Validity of Registered Power of Attorney in India?


The power of attorney is valid until you revoke/cancel it.


How To Cancel Registered Power Of Attorney In India?


The cancellation process is same as the registration process. You have to visit the Office of registrar where the POA was earlier registered in person and submit an application.

The registrar would take the cancellation note in the government records and the registered power of attorney would stand as revoked.

Share your suggestions and experience in the comments.

  • isha

    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.

  • 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 🙂

  • Mohit

    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.

  • 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

    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.

  • Yes, it should be more or less same in Noida too.

  • shivender

    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?

  • I don’t think it is possible without your presence. Revocation should be signed and authorized by the original executants.

  • Gurpreet

    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

  • 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.

  • chandan

    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?

  • 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?

  • rahul3214

    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

  • 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.

  • Tushar Salgia

    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

  • 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?

  • harsh

    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

  • 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.

  • Shoeb

    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?

  • Nileshwar

    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?

  • 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.

  • 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.

  • Satish Chandra Jain

    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

  • Satish Chandra Jain

    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.

  • 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 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.

  • Satish Chandra Jain

    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

  • Thanks Satish ji for the kind words. I appreciate it.

  • Arun Bharadwaj

    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.

  • 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.

  • Mahesh

    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.

  • 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

    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 ?

  • 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.

  • RAJ CHANDAK

    my property is at up how i give power of attorney pls advice and i lived at rajasthan

  • You can follow the same process as mentioned above.
    Do you have any other questions?

  • Mahesh Bansal

    Thanks Anil, As you have mentioned in your article there is nothing clearly stated. You have to go by the demands the interfacing officer.

  • Yes. That’s true. I guess that’s the way India works!

  • clin

    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

  • 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.

  • Neeraj Shrivastava

    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?

  • 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.

  • Srini

    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

    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.

  • 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.

  • I have listed the steps in my other comment below against your question.
    Let me know if you need more information.

  • ambika saklani

    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.

  • 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

    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.

  • 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

    Dear Anil,

    Plz arrange to provide the copy of SDM signed POA, if u could plsss….

    My mail id is saklani.ambika@gmail.com

  • 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

    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….

  • 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

    How much was the registeration fee for your state???

  • Rs 50.

  • ambika saklani

    Thanks…..a ton for ur guidance

  • You are welcome.
    Let me know if you have any more questions and I will be glad to help you.

  • Deep parkash

    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..

  • 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.

  • Simran Rai

    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

  • 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

    Sorry about that. I must have missed the information about Apostile.

    Thanks a lot for the information. Your blog is very helpful!

  • No problem and you are welcome.

  • Kashyap Rajyaguru

    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

  • 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.

  • Gyan garg

    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

  • 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.

  • Kashyap Rajyaguru

    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.

  • 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

    Ohk. Thanks 🙂

  • Prasad

    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?

  • Hi Prasad,
    I would advice you to consult a lawyer for your case. It is out of scope of the above article.

  • Esmail

    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?

  • 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.

  • Rupesh

    Very useful article

  • Thank you Rupesh.

  • Rupesh

    If i give POA to relative / friend , will that cause him some tax liabilities ?

  • No. When you give POA, there is NO monetary transaction that happens. It is just sharing of powers. Hence, no tax liabilities.

  • samir

    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.?

  • 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

    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!

  • 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.

  • Rajeev Saini

    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.

  • Thanks Rajeev for sharing the information. I appreciate it.

  • Amit

    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 ??

  • Hi Amit,
    Unfortunately, I have no experience with your scenario. I would suggest you to consult a property lawyer.

  • saira banu

    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?

  • If the PoA mentions about signing the sale deed on behalf of the US based person, then yes, it is valid.

  • Gaurav

    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

  • 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.

  • Sujatha

    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

  • Hi Sujatha,
    I would advise you to please consult a lawyer for your scenario. This is out of scope of above article.

  • Razak

    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.

  • 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).

  • Siddhi Vats

    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.

  • 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.

  • yash mahta

    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.

  • Hi Yash,

    Sorry to say, but this matter is out of scope of this article.
    You should consult a property lawyer.

  • Hari

    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!

  • 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.

  • Jay

    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.

  • 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.

  • Pragati .Chaudhary

    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

  • 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.

  • Shobhit

    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.

  • 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.

  • Dipak

    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.

  • 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.

  • Shobhit

    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.)

  • ‘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

    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?

  • 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.

  • Priya

    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.

  • Gloria

    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.

  • 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.

  • Registered PoA is valid until it is revoked or cancelled explicitly.

  • Priya

    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..

  • 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.

  • CHITTARANJAN

    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?

  • Hi Chittaranjan,
    I don’t understand your question. If you are talking about the PoA process, then it is listed in above article.

  • sureshbabu

    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.

  • CHITTARANJAN

    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.

  • 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?

  • Devaraju.B.K

    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.

  • 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.

  • Jay Nanavaty

    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

  • 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

    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.

  • XYZ

    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.

  • 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.

  • Raghavendran N

    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?

  • 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.

  • Bd Mishra

    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

  • 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.

  • sankaranarayanan

    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

  • What do you mean by power agent? I have not heard this term before.

  • Anshuman Singla

    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.

  • Hi Anshuman,
    Your question is out of scope of this article. I would recommend to consult a property lawyer for your scenario.

  • Sumit Dara

    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????

  • 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

    If POA comes from Canada person and registered in SDM office in India than how can we check its authencity?

  • 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.

  • Partha Sarathi Mohanty

    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

  • 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.

  • Danish khan

    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

  • 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.

  • RP Lima

    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.

  • 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

    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!

  • 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.

  • Pradeep Negi

    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

  • Yes, you would need to prepare separate PoA’s.
    The PoA should be specific to each property.

  • Pradeep Negi

    Thank You Anil, appreciate your help and sorry about late acknowledgement.

  • No problem. I am glad it helped you.

  • rt

    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

  • 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.

  • SIDDHARTH BHANSALI

    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 ?

  • They should have a valid UK ID proof. It is NOT mandatory to be a UK passport holder.

  • Ragav

    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?

  • 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.

  • Ashok Kumar

    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 ?

  • 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

    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.

  • 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

    Thanks…

  • Vyom

    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?

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

  • SKSC

    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

  • 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).

  • sunil

    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????

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

  • shailendrabhide

    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 ?

  • 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.

  • Ashutosh Jain

    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

  • 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.

  • Ashok Kumar

    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 ?

  • Yes, sign and notarize each page.

  • Raghu S

    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

  • 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).

  • PARTHA SENDOCTOR

    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

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

  • PARTHA SENDOCTOR

    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.

  • 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.

  • PARTHA SENDOCTOR

    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

  • 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.

  • Hari

    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.)

  • 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

    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)?

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

  • Kaps

    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..

  • 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

    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)

  • 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

    OK, got it. Thanks Anil.

  • Kaps

    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..

  • 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

    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.

  • Mukesh Patil

    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.

  • 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.

  • Sagar

    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

  • 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.

  • Dhirajkumar Joshi

    can you please share the format of affidivate

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

  • Anshuman Srivastava

    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?

  • Anshuman Srivastava

    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?

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

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

  • Anshuman Srivastava

    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.

  • 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

    Thanks Anil.

  • N Moorkoth

    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.

  • 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.

  • Anshuman Srivastava

    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?

  • 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.

  • Sumeet Kamat

    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.

  • 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.

  • Vijay Sai Krishna Chadalavada

    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.

  • 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

    Thank you very much for the info.

  • Ram Mohan

    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

  • 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.

  • Manish Shyamsukha

    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?

  • 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

    Thanks again Anil.

  • Sumeet Kamat

    thanks anil

  • Ashok Kapur

    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.

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

  • Mike

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

  • 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

    Thanks Anil. Obliged.

  • Sandeep

    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

  • 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

    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

  • 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

    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

  • 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

    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

  • 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.

  • Pra Mit

    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…

  • Thanks Pra Mit, I am glad it helped you.

  • shubham yadav

    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)

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

  • Roger

    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?

  • 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

    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

  • 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

    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.

  • 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.

  • d c bhargava

    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

  • 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.

  • Daniel Singh mob 9839211349

    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?

  • 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.

  • 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.

  • Thanks Satish. We appreciate your feedback.

  • Inder

    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

  • 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.

  • Tarjeet Kaur

    Would like to know that a POA made by a Green card holder is also same as an NRI.That is person makking the POA does not hold Indian passport any more

  • 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

    Thanks Anil

  • Sushil Jain

    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

  • You are welcome.

  • 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.

  • Kannan Iyer

    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

    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.

  • 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.

  • 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.

  • 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.

  • A. Raj

    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.

  • 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.

  • 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.

  • A. Raj

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

  • 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.

  • shakti

    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

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

    Shakti

  • 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.

  • Let me know if your question was answered.

  • shakti

    Anil, yes indeed and thanks for quick response.

  • Sandeep Kaul

    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.

  • Hi Sandeep,
    Everything is mentioned here in above article:
    https://www.am22tech.com/registered-power-of-attorney-in-india/#registered-power-of-attorney-within-india

    Let me know if you need more information.

  • shakti

    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

  • 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

    Thanks Anil…

  • naaz

    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

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

  • Manish

    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

  • 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

    Thank you Anil.

  • You are welcome.

  • Vishnu Muralidharan

    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.

  • 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

    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.