how to register power of attorney in india

There may be a difference between the written procedure/law and accepted practice ):

1. Draft the PoA
2. Go to the Indian Embassy or Consulate in the country of residence and get it stamped and sealed from the embassy. ...
3. Send the attested deed by registered post to your Attorney in India.
4. The Attorney in India should get it registered in India at a Sub-Registrar office or Sub-Divisional Magistrate office by paying the appropriate registration charges applicable in that state.

Full Answer

Does a power of attorney need to be registered in India?

However if the Power of Attorney gives authority to present a document for registration, then the said POA needs to be registered. A power of Attorney executed outside India should be authenticated before any of the Indian Consulates in that country.

How to register a POA in India?

Send POA document to India for registration. The POA holder will need to give his identity and address proof along with the witness at the sub-registrar office. Please check the spellings of the name and address and also the information on the passports. Affix photograph on the last page of a document.

How to authenticate a power of attorney?

Therefore a power of attorney can be got authenticated by and before the following authorities: An authentication by a Notary Public is sufficient for a Power of Attorney not giving authority to register a document. However if the Power of Attorney gives authority to present a document for registration, then the said POA needs to be registered.

How to register a power of attorney on a passport?

A copy of the passport has to be notarized and sent along with the Special Power of Attorney. The guidelines to register the General power of attorney embossed are given as under: Please check the spellings of the name and address and the other information on the passport. Affix photograph on the last page.

Where do I register a power of attorney in India?

the office of Sub-RegistrarGet the Power of Attorney (POA) registered with the office of Sub-Registrar which has the jurisdiction over the area where the principal resides. Please approach the Sub registrar office and confirm the date for registration.

What is the procedure to get power of attorney in India?

Obtaining a power of attorney requires two processes for property and financial matters. You have to get the power of attorney notarized. You have to send the power of attorney duly notarized and apostilled to the Indian Consulate near you.

How much does it cost for power of attorney in India?

Generally, the stamp duty payable for a power of attorney is Rs 100. For registration , the fee payable is also Rs 100. For a general power of attorney given to promoters and developers, the stamp duty applicable is Rs 1000 and registration charges are Rs 100.

What is the procedure to give power of attorney?

How To Prepare Power Of Attorney OnlineSelect your State and start Preparing your Power of Attorney document.Fill the form and make payment online.Print the document and register it.

How long is power of attorney valid in India?

Also note here that a PoA has to be registered at the Sub-Registrar's Office to get a legal validity. Another important thing to note here is that a PoA remains valid only till the life of the principal. Within their lifetime also, one can revoke the PoA.

Should power of attorney be registered in India?

In India, registering a power of attorney is not mandatory. However, it is always recommended in order to improve the authenticity of the agreement. In legal terms, the person assigning the authorities is referred to as the 'principal' and the person given the authority is the 'agent' or the 'attorney-in-fact'.

Can I sell property with power of attorney in India?

A person given power of attorney over a property cannot sell the asset unless there is a specific provision giving him the power, the Supreme Court has held in a judgment.

Does power of attorney need to be notarized in India?

Registration of power of attorney is optional In India, where the 'Registration Act, 1908', is in force, the Power of Attorney should be authenticated by a Sub-Registrar only, otherwise it must be properly notarized by the notary especially where in case power to sell land is granted to the agent.

Should POA be on stamp paper?

No, stamp paper is not needed for Power of Attorney (POA). You could print it on plain paper, sign it and send it to the broker.

Who can execute power of attorney?

It has to be executed in the presence of certain designated officers - notary public, a court, consul or vice consul, or a representative of the Central Government. These documents need to be stamped within three months from the date of receipt in India.

Can I do power of attorney myself?

If you're aged 18 or older and have the mental ability to make financial, property and medical decisions for yourself, you can arrange for someone else to make these decisions for you in the future. This legal authority is called "lasting power of attorney".

What is the best form of power of attorney?

You can write a POA in two forms: general or limited. A general power of attorney allows the agent to make a wide range of decisions. This is your best option if you want to maximize the person's freedom to handle your assets and manage your care.

What are the 3 types of power of attorney?

AgeLab outlines very well the four types of power of attorney, each with its unique purpose:General Power of Attorney. ... Durable Power of Attorney. ... Special or Limited Power of Attorney. ... Springing Durable Power of Attorney.

How long does it take to get power of attorney?

It usually takes 8 to 10 weeks for The Office of the Public Guardian to register a power of attorney, so long as there are no mistakes on the form. It may take longer if there are issues they want to look into, although this is rare.

Can I sell property with power of attorney in India?

A person given power of attorney over a property cannot sell the asset unless there is a specific provision giving him the power, the Supreme Court has held in a judgment.

Is power of attorney valid from one state to another in India?

yes, the power of Attorney is valid universal whether given in any state, however, the attorney holder shall not perform any such duty which is not mentioned in the deed itself.

Where do you stamp POA?

After that, the General POA has to be either stamped from the Indian Consulate or High Commission or Foreign and Commonwealth Office.

How many witnesses are needed for a POA?

Ensure the Special POA bears signatures of two witnesses.

What is power of attorney?

Power of attorney is a document that allows someone else to act as your legal agent. It is mainly used by NRIs (Non-resident Indians) to manage their property in India. For instance, if you have purchased an apartment or flat in India, and you can’t visit personally to take the possession or ownership of property.

Where to register documents in India?

Visit the sub-registrar office with the document to be registered. In India it is prepared or done on stamp paper whereas if prepared abroad no stamp paper is required. Those NRIs who are not present in India should get the POA holder to get the registration done.

What is an original document with copies?

Original documents with copies (or Self-attestation of documents) showing proof of address and proof of identity.

Do you have to be notarized with photos affixed?

It has to be notarized by a Notary Public with the photos affixed and your photo should also be half stamped.

Who needs to get POA attested?

Those NRIs who send POA to India from a foreign country (say United Kingdom, Canada, North America and others) need to get the POA attested by an officer of the Indian embassy in their area of residence.

Does power of attorney need to be registered in India?

In India, registering a power of attorney is not mandatory. However, it is always recommended in order to improve the authenticity of the agreement. In legal terms, the person assigning the authorities is referred to as the 'principal' and the person given the authority is the 'agent' or the 'attorney-in-fact'.

Where do I register for power of attorney?

You must register a PoA at the Sub Registrar's Office (SRO) to give it legal validity on a Rs. 100 stamp paper.

Can power of attorney be registered anywhere in India?

1. a power of attorney without any consideration to agent and containing a power to sell property and to execute conveyance and complete registration formalities, can be made anywhere.

DIY- How to register Power of Attorney (POA) for property in India

Durable PoA: A durable POA remains effective for a lifetime, unless it is explicitly cancelled. A specific clause can be inserted in the document, stating that the representative's power would remain valid even if the principal becomes incapacitated.

Why Purchase from Insubuy?

There are marginal differences in the fee structure at different Indian consulates.

How to get a PoA in India?

To be valid in India, the PoA needs to be attested by the Indian Embassy or any of the Indian consular offices in the U.S. This is possible either by appearing in person or making arrangements through the mail.

What is an apostilling power of attorney?

Apostilling Power of Attorney. Apostilling PoA means you get a certificate from state authorities that the notarized PoA is valid. The relevant page on the Indian Embassy website also mentions that apostilling is not necessary.

How much does an Indian consular attestation cost?

The Indian consular office in San Francisco, on the other hand, charges $20 per attestation, along with an additional $2 as the Indian Community Welfare fee. So, if you have a document that needs attestation on every page, you’ll need to pay more.

How long is a general POA valid?

A general PoA is valid for an unspecified or specified period of time for all commercial, financial, and property-related matters.

What is the legal term for a POA?

The legal term for the person granting the PoA is “principal”. The legal term for the person receiving the PoA is “agent”. “Property affidavit” and “financial affidavit” are other terms used to indicate PoA.

What is a power of attorney in India?

resident with business interests and/or property in India, you may need to grant Power of Attorney (PoA) to someone in India to carry out transactions on your behalf. PoA is a legal document that authorizes a third party to carry out activities on your part.

What is the Power of Attorney (POA)?

A Power of Attorney is a legal document that gives an individual (agent) the power to manage the legal and even some personal decisions for the other individual (principal). The agent can have the powers to make broad legal decisions or these can even be limited, according to the will of the principal. They usually appoint the Power of Attorney when the individual themselves cannot be present to sign their documents. It is a very important decision, and the individual must make it with utmost care.

What happens to a power of attorney if you are mentally unstable?

However, if the individual becomes mentally unstable or faces some health issues, the agent will still hold the Power of Attorney according to the specified period. Healthcare Power of Attorney: Under this, the agent gets the authorization to make medical decisions on behalf of the individual.

Why is it important to have a power of attorney?

Just as much it is important for the individual to plan their budget, it is equally important to hand over their property and assets to the right person for their future. While making the investments, the individual thinks about their financial future, but what about the personal well-being? The Power of Attorney format can do this.

What is limited power of attorney?

It gives a generalized authority to the individual. Limited Power of Attorney: Under this, the rights of the agent to make decisions are limited. Moreover, the individual can decide the list of rights and decisions which the agent can act on behalf of. Additionally, this usually limits the list to just a specific number of things and legal tasks.

Who is Harbhajan Singh?

Later, a general power of attorney was also executed in Harbhajan Singh’s favour in 2015.

Can you check the power of attorney PDF?

Additionally, you can check the Power of Attorney format PDF through the web, and one must mandatorily mention all the rights in POA.

Can a power of attorney make all decisions?

The agent appointed under the Power of Attorney format may or may not make all the decisions on the individual’s behalf. It may limit some of them to making just certain decisions as mentioned in the Power of Attorney forms. Moreover, Signing the Power of Attorney format for authorized signatory is equivalent to signing a blank cheque ...

Can a power of attorney be made outside India?

Outside India, a POA can also be executed through apostalisation process, governed by Hague Convention, 1961. Here, an apostille certificate is required that confirms and verifies the signature of the person who executed the deed.

How can a power of attorney effective in India be signed abroad?

Two copies of the POA document will be required by the consular officer. POA document must be signed before the embassy officer at the time of attestation. Two witness signatures are required on the POA document.

Can a power of attorney be signed overseas?

To cover overseas assets, the power of attorney must be broad enough to comply with the laws of the relevant country and the signature of the donee should be witnessed by a notary public, who is a lawyer with the power to sign documents which have international recognition.

How do I send power of attorney to India from USA?

How Do I Grant Power of Attorney to Someone in India from the U.S.? To be valid in India, the PoA needs to be attested by the Indian Embassy or any of the Indian consular offices in the U.S. This is possible either by appearing in person or making arrangements through the mail.

When is power of attorney stamped in India?

A power of attorney executed outside India, but which relates to any property situated in India or to any matter or thing to be done in India or received in India is chargeable to stamp duty under the Indian Stamp Act, 1899. As per the prevalent law and practice, the same is required to be stamped / franked / embossed / adjudicated within maximum three months after it is received in India before it can be used for registering / transferring the property.

What is a power of attorney?

As per Section 1A of the Power of Attorney Act, 1882 , a power of attorney includes an instrument empowering a specified person to act for and in the name of the person executing it. It is always kept by the attorney. A power of attorney can be executed by any person who has attained the age of majority and is of sound mind.

How long does it take to get a stamp?

A. The stamping/registration process generally takes about 1 week's time.

Can an NRI buy a property in Delhi?

Sometimes, a person residing outside India (an NRI or an OCI) needs to sell / buy / rent out / take possession of a property located in Delhi NCR, but he may not be able to visit India and attend the sub registrar office in person to get the documents registered. In such a case, the person may execute a power of attorney (SPA or GPA) whereby he can appoint his family member, relative or a friend to act as his agent / attorney and get the document registered in the registrar office in Delhi / Gurgaon / Noida for the transfer of property and the registration of property documents.

When is a power of attorney revoked?

Usually, the power of attorney can be revoked, subject to certain conditions. It is automatically revoked in the event of death or bankruptcy of the grantor.

Can a foreign power of attorney be executed on plain papers?

The person may execute either a Special power of attorney or a General Power of attorney as per his requirements.

Who authenticates power of attorney in India?

A power of attorney executed outside India has to be executed before and authenticated either by the Notary Public or consularised / apostilled / attested by the Indian Embassy / Indian Consulate present in the country of execution as per the Hague Convention.