Does Power of Attorney allow NRIs to buy or sell property in India | Aashna Singh 

@kr7584 what does apostle mean ?

@@shovitsingh5938 Basically it is authentication of the document and in this case the GPA needs to be authenticated. If you are in USA then this link will explain. This is applicable to most countries also. www.usa.gov/authenticate-us-document

@@shovitsingh5938 Apostilles authenticate the seals and signatures of officials on public documents such as birth certificates, court orders, or any other document issued by a federal agency or certified by foreign consul. An apostille certifies the document(s), so the document can be recognized in foreign countries

In this case, there is a possibility that the POA holder had attached his PAN Card details during the sale process and this is the reason it is reflected in his AIS of Income Tax. The POA holder can give an explanation regarding the same to the department.

u make poa in canada n registered in nawansehar dc office.poa valid six month.

Once the POA is received in India, it is to be registered/embossed within 3 months to make it a valid document. It is to be registered in the office of concerned Sub - Registrar.

To sell a property in India, you need to have proper documentation in hand. A Power of Attorney which is not apostilled in the Country where it was made, is not admissible in India.

Each state has its own laws and procedures. Based on the area of the property, it might work both ways. In general, it is suggested that the agent should share the final draft of documents in the form of soft copies with the Principal and the Principal further takes the print outs to the apostille office. Once the document gets apostilled, the original documents have to be sent to the agent in India and then the agent gets the documents registered in India with relevant authorities.

​​@@NRILegalServices thanks for your reply.. For to buy property in India Is it compulsion to go at Indian embassy in USA as stated by many youtuber (as they said otherwise it restricted with limited power) or it can be done at any authorised notary in USA( it also stated by many youtuber)?

We do not deal in US laws. For more information, please email to us at query@nrilegalservices.com

Yes, it is mandatory to register the POA in India after the same gets notarized and apostilled in Singapore. After registration, the POA becomes an admissible document as per Indian Law. For more information, please email us at query@nrilegalservices.com

You can give POA to your father to sell your property in Mumbai. If you are a citizen of India, then 1% TDS will be deducted. The TDS is calculated on the total value of the sale consideration amount. For more information, please email us at query@nrilegalservices.com

Transferring the ownership through a gift deed, the donor relinquishes the control over the property and the donee gains full ownership rights, including the ability to sell the property. In your case the POA holder (provided the POA includes the power to sell) can act on behalf of the gift deed holder (owner) to sell the property to any third party. For more information, please email us at query@nrilegalservices.com

In general if POA is valid, there is no reason for objection because a mother can give POA to her son. Please share the objection raised to answer your query.

Whosoever is the owner, can give General Power of Attorney or Special Power of Attorney to any person in India to sell the property based on the requirements. If there is more than one owner, in that case, all the owners have to give the Power of Attorney in favor of any trustworthy person in India who is able to handle the sale process in the owners’ absence. In general, once the owner has given the attorney, there is no requirement of the personal presence of the owner in India. The requirement of presence of the owners may differ from state to state.

To answer your question correctly, it is important to first scrutinize the POA executed i.e., to understand if the same was a General Power of Attorney or Special Power of Attorney. Secondly, if the power of attorney is executed outside India, then, as per the prevalent law in India, it is required to be duly registered/embossed in India within maximum of three months after the same has been received in India. It is only thereafter the said embossed POA can be used for transfer/sale etc. of the property in question. Lastly, to answer if the sale is valid or not, various nuances of the POA needs to be scrutinized. For more information please email to us on query@nrilegalservices.com

Yes, the POA holder will be able to give evidence on your behalf in the court of law stating all the known facts and relevant circumstances supporting the claim.

The specific terms for which you authorize an agent as POA holder can be mentioned in the POA. Certainly, POA can be executed when you are in India for a short duration. It should be duly registered.

In such a situation, you may give a General Power of Attorney to a trusted person so that all the acts and deeds are carried on by him in India on your behalf.

@@NRILegalServices Hi Mam, can GPA holder gets cheque in his name?

Please help. Also how to prove the close relative relationship? Thanks.

The Power of Attorney can be given to any trusted person for the purpose of selling the property in Pune. It is not mandatory that it should be given to a blood relative only. There is no specific criteria to prove the close relative relationship. In case of parents, it may be proved through Birth Certificate or School Certificate or any other document where their name is mentioned.

Yeah but the problem is then it attract further tax to be born by seller which is not applicable in case of close relative. That's where I was looking for help that how to prove close relative? Thanks.

Please note that the POA can be revoked as per the wishes of the person who gives the POA i.e., the principal. Since you have given the POA to your cousin, you have the authority to revoke the same at any moment. The intimation of the revocation must be shared with the agent so that no room is left for any discrepancy. Further, if your cousin does not vacate the property, then an appropriate suit can be filed to get back the vacant possession of the property.

Yes, POA will become redundant on the death of the principal automatically.

Hi, please email us at query@nrilegalservices.com

The sale of property by NRIs in India involves tax obligations to ensure compliance with the prevailing tax laws. When an NRI sells a property situated in India, the tax liability is determined based on various factors e.g. sale value, duration of ownership etc. In your case, if you are planning to sell a property in India, there will be TDS (Tax deducted at source) applicable on such a sale. For more information, please email us at query@nrilegalservices.com

The POA is to be executed firstly, at the place where the principal resides. Once it is executed and apostilled in that foreign country, then it is to be received in the respective Indian State where the property is situated. After that, it needs to be registered/embossed within 3 months so that it becomes a valid document.

Yes, the Power of Attorney can be given to a person who is not related to the principal by blood. The only thing which is to be taken into consideration is that the person must be a trustworthy and reliable person.

In case specific power has been given in the POA to complete the aforesaid task, only then it can be used.

1. Yes, you can execute GPA in delhi but only if you have residence proof of delhi or you own a property in delhi. If you have these documents, we can provide service for its execution. 2. The minimal mandatory charges are applicable but no additional fee as such. For more information, please email to us at query@nrilegalservices.com

Hi, please email us at query@nrilegalservices.com

I lived in Singapore till 2021 October. I have bought properties (land and apartment) and sold an apartment too. In case you are selling, you need to give a POA (your lawyer might insist on the POA to your relative/sibling but it’s not mandatory). The lawyer would send you a POA draft, read, go to anyone who notarizes, send the document to India, done. In case of buying, my builder (Godrej) arranged for a person who registered the property on our behalf at a reasonable charge of Rs. 25,000/-. The builder’s relationship manager sent me the document which I signed, they did the rest. Just make sure that the document doesn’t get folded during the courier. It has been a pain in the past for me.

For the purpose of selling your property in India, you can authorize a local person in India to do the needful by executing a Power of Attorney in his favour. We provide services to our clients who are interested in selling their properties in India without their travelling to India. You can write to us at query@nrilegalservices.com