what power of attorney is needed to do real estate in india

by Kaylie Hickle 7 min read

An NRI (non-resident Indian) can use the special power of attorney to buy, sell, or take possession of a real estate property in India. The same POA

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Poa is a genus of about 500 species of grasses, native to the temperate regions of both hemispheres. Common names include meadow-grass, bluegrass, tussock, and speargrass. Poa is Greek for "fodder". Poa are members of the subfamily Pooideae of the family Poaceae.

can be used for managing home loans in India by a member of the family. Your POA holder can make payments for home loans like SBI Maxgain, HDFC, ICICI, and other banks.

Full Answer

Can NRI buy property in India with special power of attorney?

Jun 13, 2020 · A power of attorney must be apostilled for commercial and company-related matters. Usually, apostilling is done by the Authentication Division in the State Department. However, this is required only for commercial and business-related matters.

Do I need a power of attorney in India?

Do you want a power of attorney for non-property related matters in India? What is Power of Attorney? If you are abroad and need a reliable person in lieu of yourself to execute decisions and act on your behalf, you will need someone to delegate these functions to - a third party who could be a family member, business partner, or an employee.

What is Poa for property management in India?

Jul 13, 2020 · In real estate, Power of Attorney of property may be used by persons who are selling a home but are living overseas and unable to be present during the trade. Thus, for power of attorney of property to be invoked and legally binding, two witnesses must be present at the attestation of the document. Power of attorney to rent property in India for NRI?

When do you need power of attorney of property?

Oct 15, 2021 · An NRI (non-resident Indian) can use the special power of attorney to buy, sell, or take possession of a real estate property in India. The same POA can be used for managing home loans in India by a member of the family. Your POA holder can make payments for home loans like SBI Maxgain, HDFC, ICICI, and other banks.

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Is power of attorney needed while buying property in India?

The Apex Court of India has clearly pronounced that sale of immovable property via General Power of Attorney is not valid as it does not convey any ownership right in respect of the purchased property in favor of the buyer.

How do I get power of attorney for property in India?

Special Power of Attorney for Purchase of Property: India Format. You can find the format of a power of attorney here,. You should draft a POA on a green stamp/bond paper or a non-judicial stamp paper of INR 100. The NRI should authorise the power of attorney himself and the Indian Consulate in the country of residence ...

Can you give power of attorney to sell a house in India?

Is property sale through power of attorney legal? In 2011, the Supreme Court ruled that property sale through power of attorney (PoA) is illegal and only registered sale deeds provide any legal holding to property transactions.Nov 9, 2021

What is power of attorney for property in India?

Power of Attorney (PoA) A Power of Attorney is a legal document where 1 person grants the right to execute i.e. power to transact in matters regarding property, legal and judicial proceedings, banking, payment of tax, etc, to another person due to any of the reasons explained above earlier.

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.Aug 3, 2008

Can NRI sell property in India without going to India?

If you are a Non-Resident Indian, you can sell the property to a Resident Indian without restrictions. If the buyer is a Non-Resident Indian or a Person of Indian Origin (POI), you may need the approval of the Reserve Bank of India (RBI). You are not allowed to sell the property to a foreigner.

Can property be sold on power of attorney?

If the deed of power of attorney grants power to sell the property of the principal and to execute and register necessary documents in that regard, such a sale made by the agent will be valid, is binding on the principal, and will convey a proper title to the purchaser(s).Oct 29, 2021

How long a power of attorney is valid in India?

These certificates are valid for 30 days. As per a recent order of the inspector general of registration, the new rules are applicable to all POAs registered from February 4. By law, POA is not valid once the principal dies.Feb 9, 2013

How long is power of attorney valid 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.Oct 11, 2021

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.

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

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

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Two Extra Witnesses

  • Many Indian POAs require two (2) witnesses as well as the Notary Public. The Office of John Pearce Notary Public can provide witnesses at the CITY OFFICE during BUSINESS HOURS. We cannot provide witnesses outside this arrangement. In the event you need two witnesses from our office, our witnesses will use the address of our Queen Street Office. It is up to you to ensure tha…
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Green Stamped Or Bonded Paper

  • As stated, for a Power of Attorney to be legally recognised in India, it will need to be notarised by a Notary Public when signed in Australia. The document may then need to be signed on green “stamped” or green “bonded” paper. This type of paper is not available in Australia. You may need to have your Indian solicitor post the paper to you. If this option is not possible, you may like to c…
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DFAT & The Indian Consulate

  • After being notarised, a Power of Attorney may need to be stamped with an Apostille by the Department of Foreign Affairs (DFAT) and/or lodged with the Indian Consulate. Whether a General Power of Attorney document needs to be sighted by the Indian Consulate in order to be legally valid in India depends on the contents of the document and its intended use. Please check this …
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Start

  • Please click here to make a bookingat the City or Box Hill Office. Alternatively call 03 8648 6541 during business hours. What you need to bring:100 points of ID as well as all documents needing to be notarised. Please Note: Appointments cancelled with less than 24 hours notice may incur a fee. Please ensure that you arrive in a timely manner.
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