power of attorney is executed on a stamp duty which is duly signed by the nri

by Prof. Tavares Pfannerstill DDS 10 min read

When Power of Attorney (POA) is executed in India by an NRI/PIO: Power of Attorney Holder should be a resident of India. Power of attorney on prescribed format is to be executed on a non-judicial stamp paper of appropriate value as applicable in the state where it is executed and duly notarized.

The power of attorney should be duly executed on a non-judicial stamp paper per prescribed stamp duty, if executed within India. The power of attorney is chargeable to stamp duty at the time of its execution in India as per the Indian Stamp Act, 1899.May 14, 2010

Full Answer

What is the stamp duty for power of attorney in India?

Power of attorney is to be executed on a non-judicial stamp paper of appropriate value as applicable in the state where it is executed and duly notarized. 3. A Judicial Magistrate or Notary Public should attest the signature of the Executant (Account Holder). 4. Executant (Account Holder) of the Power of Attorney must affix his/her

What is a power of attorney for NRIs?

Jan 15, 2021 · A. Yes, a special power of attorney can be executed abroad to sell the property in India by an NRI. Q. Is there any stamp duty payable on documents executed outside India? A. Yes, it is compulsory to pay the stamp duty on documents such as Power of Attorney, Agreements etc. that have been executed in a foreign country within a maximum period of three months in India …

What is the format of power of attorney in India?

(WHEN POWER OF ATTORNEY IS EXECUTED IN INDIA BY NON RESIDENT INDIANS) 1. The Power of Attorney is to be executed on a non-judicial stamp paper of the requisite value as per the stamp duty prevalent in the respective state (Rs. 100 in the State of Maharashtra). 2. Each page of the Power of Attorney is to be signed and wherever the blanks are filled

Who can authenticate a power of attorney executed outside India?

Power of attorney is to be executed on a non judicial stamp paper of appropriate value as applicable in the state where it is executed and duly notarized. 3. A Judicial Magistrate or Notary Public should attest the signature of the Executant (Account Holder). 4. Executant (Account Holder) of the Power of Attorney must affix his/her

Can NRI give power of attorney in India?

“In India, the NRI can get the PoA executed in the Sub-Registrar's office. However, the POA should be drafted on a non-judicial stamp paper of Rs 100 value. Also, two legal representatives and witnesses would be required to execute the deed. All the members should have their valid ID proofs and photographs.Nov 10, 2020

Can NRI sell property through power of attorney?

“A Power of Attorney (POA) plays a significant role in the real estate dealings of the Non-Resident Indians (NRIs). As per the Registration Act, 1908, whenever an NRI sells or purchases a house property, both parties must be present physically while registering the transaction.Jul 12, 2021

Can NRI selling property in India with power of attorney?

Therefore, a power of attorney for purchase of property by an NRI facilitates sale transactions legally. Moreover, NRIs would require a special power of attorney to execute a transaction. Through a general power of attorney, no NRI would be able to sell or purchase property in India.

Who authenticates a power of attorney if executed outside India?

notary publicSo, any power of attorney executed outside India should be authenticated by a notary public of that country , the Indian consul, or by a representative of the Central Government. Such documents need to be stamped within three months from the date of receipt in India, to be payable at the district registrar's office.Aug 3, 2008

Is notarized power of attorney valid in India?

Section 85 of the Indian Evidence Act applies to the documents authenticated by a notary. A court will presume that every document purporting to be a power of attorney, that has been executed before and authenticated by a notary public or any court, is properly executed and is a conclusive proof.Aug 3, 2008

Can power of attorney holder sell property to himself?

when a registered PoA authorizes the agent to make the transaction, he can certainly do so however, it does require the free will of the original owner. If the Power of Attorney holder is following all the legal procedures then he cannot be barred by law from selling the property to himself.

What is the validity of power of attorney?

Except in cases where the power of attorney is coupled with interest (or executed for consideration), it is normally revocable at the discretion of the principal. Unless a time limit is prescribed in the document, a power of attorney is normally valid until the purpose for which the same was executed is fulfilled.Oct 29, 2021

How do I adjudicate power of attorney in India?

One should carry the following documents for POA Adjudication.Original & Photocopy of POA (1 set of photocopy)Requisition Letter for Adjudication (Attached the format below)ID Proof (Aadhar or Passport)Stamp Duty through K2 challan.

Can stamp paper be sent outside India?

The Indian stamp paper is not valid outside India and any signature made on the Indian stamp paper outside India is not recognised as legally valid signature. You can give a power of attorney deed in your wife's favor who can sign on your behalf too on the basis of the POA deed on her name.

What is the importance of stamp paper?

Traditional stamp paper or non-judicial stamp paper is used for sale deeds, transfer of immovable property, affidavits, agreements, deeds, wills, etc. for executing the said documents in States across India. Stamp paper can be purchased by visiting and purchasing stamp paper from any licensed stamp vendor.Apr 16, 2017

What is authentication of power of attorney?

The authentication or attestation of Power of Attorney is required only when a document executed by the principal is presented for registration. But if the document is executed by the Power of Attorney holder and presented by Power of Attorney holder, no authentication or attestation is necessary.Mar 6, 2015

Can power of attorney be given from abroad?

Can Power of Attorney Executed Abroad? Yes, section 14 of Notaries Act, 1952 empowers the central government to declare that the notarial act done by notaries in other countries shall be recognized for specified purposes.Jan 18, 2019