Power of Attorney (POA) lists out the powers that you want to share with the POA holder. It is primarily used by NRI (Non-resident Indians) to manage their property in India.
If you have bought or thinking about buying an apartment in India and can’t visit personally to take the possession, use PoA.
You will essentially be authorizing your relative or friend, to sign in the registrar office for registration on your behalf.
Sharing these rights with any of your family member or a friend by issuing a registered power of attorney is the legal and correct way of managing the property, bank loans, stocks and other assets located in India.
Builder or developer will also ask for registered POA to give you possession of flat and get it registered in your name.
Use this template for special power of attorney to share the property or apartment possession or rental rights.
Print it on a plain white A4 size piece of paper. Sample POA:
Example: Residents of Karol Bagh, Delhi would have regional Registrar office located at Asaf Ali Road, Daryaganj.
Tip: Arrange any 2 friends or relatives to visit registrar office with you. There are always some people available outside the registrar office to help for money though.
Do not forget to carry the POA with you.
All the photocopies should be notarized or attested by a gazetted officer (First class government officer).
I am not sure if this requirement has been substituted by ‘self-attestation’ as publicized by the new central government in 2014 yet.
So, it is better to get them notarized before-hand.
The process should be same all over the world in all Indian Embassies including UK, Australia, New Zealand and middle east countries.
Well, this address may be the same if you are sending it to your parents or could be different if you are taking a friend’s help.
NOTE: The SDM (Sub-divisional magistrate) office and the office of the registrar are two separate government departments/offices.
The real struggle starts with Indian government office here. Believe me, it may not be a simple process of just paying the fees and getting the document registered.
In our case, our POA holder was asked to produce documents which were NOT even mentioned anywhere. The behavior of the officers clearly pointed towards asking for bribe.
Documents required for registration of ‘Attested power of attorney from Indian Embassy‘
In our case, my wife had the name of her mother listed in her passport and this proved that she is her mother.
No witness is required in SDM office for registration.
NO. Please don’t fall prey to their guidance that ‘Notarized POA is same as Registered POA‘. It is NOT.
Notarized POA is equivalent to simple POA and has no legal validity in cases of property management.
If a builder/developer has specifically asked you for “registered POA’, then you need to follow the process I have listed above.
If you have taken a home loan for the property in question, banks would accept either special power of attorney or a general power of attorney. There is no need to get the POA registered.
Banks like SBI, HDFC, ICICI, PNB etc do accept Notarized special POA.
If you are in India, the total cost should be around Rs. 2500 including government fees and any lawyer fee that you may have to pay.
If you are outside India, you have to check the Indian Embassy website for the POA attestation fees.
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.
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.
The power of attorney is valid until you revoke/cancel it.
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.
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