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

Anil Gupta  4 Feb, 19      527  Finance USA

Power of Attorney (POA) lists out the powers that you want to share with the POA holder. It is primarily used by NRI (Non-resident Indians) to manage their property in India.

If you have bought or thinking about buying an apartment in India and can’t visit personally to take the possession, use PoA.

Register Power of Attorney In India

Sharing rights with any of your family member or a friend by issuing a registered power of attorney is the legal and correct way of managing the property, bank loans, stocks and other assets located in India.

Builder or developer will also ask for registered POA to give you possession of flat and get it registered in your name.

Print this template for special power of attorney to share the property or apartment possession or rental rights.

If You are physically present in India and plan to leave soon

  1. Write down the POA terms on a INR 100 stamp paper. At this point the POA is termed as simple POA.
  2. Visit office of Registrar (commonly known as office of sub-registrar) for your residential location. Each region within your city may have different offices.

    Example: Residents of Karol Bagh, Delhi would have regional Registrar office located at Asaf Ali Road, Daryaganj.

  3. Office of registrar would need 2 witnesses to sign the POA in front of the registrar (Physical presence is required).

    Tip: Arrange any 2 friends or relatives to visit registrar office with you. There are always some people available outside the registrar office to help for money.

  4. Carry self attested documentary proof like address proof, voter ID card, passport, Aadhar card in original along with their photocopies. You never know what they can ask for with no official published list of documents.
  5. Registrar will click and store picture of you, POA holder and the witnesses in the government records.
  6. Registrar will keep a copy of POA in government records and provide one to you with his office registry stamp. At this time, your simple POA becomes ‘Registered Power Of Attorney‘.

 

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

  1. Write down POA terms on an A4 size plain piece of paper. Since, you are not in India, you don’t need the Indian stamp paper.
  2. Get the POA attested by Indian Embassy/Consulate in your country of current residence.
  3. Send consulate / Indian embassy signed or attested POA to India by postal mail. 
  4. The PoA holder in India needs to get this POA registered to actually make it a valid document and term it as Registered power of attorney.
  5. Visit SDM (Sub-divisional magistrate) office in the POA holder’s residence district in India (the person who you name in POA) and NOT your own address.

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

    Be prepared for bribes!

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

    1. Affidavit (on stamp paper of Rs. 100) for PoA holder’s swearing for his/her identity. A nominal stamp duty of Rs. 4 or Rs. 10 also needs to be paid. Check with your local SDM office for details.
    2. The Envelope which was used to send the POA from US to India is also required. Sounds strange but it was asked by the officer in SDM office (smelling bribe?).
    3. Passport photo-copies of the Executants (Person/s who have created the POA) in the Power Of Attorney. Example, both husband and wife are executants of POA.
    4. 2 (number) Address and ID proof of the POA holder. One could be a passport and other can be electricity bill, water bill etc.
    5. Document that can prove the relationship between POA holder and POA executants. This is completely illogical since POA holder can be your friend too.

      In our case, my wife had the name of her mother listed in her passport and this proved that she is her mother.

    6. You will have to submit the original POA along with the documentary proof to the SDM office.
  6. Processing time is 15 business days, if you paid quick work tax!
  7. Once this POA is stamped by SDM, it is considered a registered power of Attorney.

    No witness is required in SDM office for registration.

  8. Registered POA is acceptable in any government office for the purpose of possession and registration (also known as conveyance deed) of property.


Registered power of attorney for property management in India
Registered power of attorney for property management in India
 

Notarized vs Registered PoA?

Notarized POA is not same as Registered POA. Notarized POA is equivalent to simple POA and has no legal validity in cases of property management.

Is Registered PoA Required for Home Loan?

Banks usually accept notarized PoA. There is no need to get the POA registered.

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

Cost of Registration of PoA

If you are in India, the total cost should be around Rs. 2500 including government fees and any lawyer fee that you may have to pay.

Where To Register POA?

If you live in Delhi and the property was in Gurgaon, the POA should be registered in Delhi.

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

Can POA holder Register Property?

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 of Registered Power of Attorney?

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

How to Cancel Registered PoA?

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

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

   Read all 527 Q & A

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

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

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

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

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

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

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

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


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

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

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

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


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


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

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

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

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

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

    You can contact a property lawyer to get more information.

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

    Is there a reference for SDM office inforamtion:
    “Visit SDM (Sub-divisional magistrate) office. The concerned government office would be located by the address of the POA holder (the person who you name in POA) and NOT your own address”

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

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

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

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


  8. Thanks

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