Power of Attorney For NRI

Power of Attorney For NRI

Power of attorney (POA) is a legal paper that hands over the power to take action of one person to another person (agent or lawyer). There are some kinds of POAs i.e. General POA, Special POA or Limited POA and Springing POA . POA is given for specified purposes only which are specified in the document. A person who is a minor by the law i.e. below 18 years cannot provide POA. The power of Attorney for NRIs is to supervise their property in India as it gets difficult for them to visit India again and again to control their property. Thelegalbank is provided a complete power of attorney for the NRI agreement process and protection solution. Thelegalbank is the greatest platform for POA agreement and other legal services.

Procedure

There is a certain procedure for an NRI (not being present in India and holding an Indian passport) to be followed for getting a POA in India-

  1. As to ease the activity of sharing each item with a person holding the POA, all the principal points should be penned down by the NRI on a plain piece of paper in English (understandable). The phrasing needs to be done carefully and double-checked and should be issued/given only to a person who expects to person all the actions and services mentioned for you genuinely.
    (in case of the NRI not being attending in India the step can also be done on an A4 size sheet rather than on a legal paper)
  2. Attesting of POA by the Indian Embassy/concerned jurisdiction or a notary of the country they’re residing in. This step needs to be assumed in the presence of 2 witnesses.
  3. The attested POA needs to be sent to India through a postal service (and that is available) and needs to be stamped/signed and adjudicated in within a time period of 3 months from the date POA was acquired in India.
  4. In the case of fixed property, the person in India needs to make it valid and legal and should get it registered. (in case of general POA the Registration Act does not make it obligatory to get it registered)

Documents

  1. Affidavit
  2. The envelope in which the POA was mailed.
  3. Photocopies of passport
  4. ID proof (that includes address) of the POA keeper.
  5. A document that mentions the connection between the person executing the POA and person holding the POA
  6. Original POA
  7. Passport size photographs
  8. Applicable Fee
  9. The prepared POA document along with copies
  10. ID proof of the witnesses

Registration If NOT in India

NRIs direct Power of Attorney (POA) to India from a foreign country need to get the POA attested by an officer of the Indian Consulate/Embassy in their area of residence as introduced above.
Send POA papers to India for registration. The POA holder will need to issue his identity and address proof along with the witness at the sub-registrar office.

What Should Be Included in The Power Of Attorney Deed

While making the General Power of Attorney from outside India, make sure that your deed includes these details:

  • Grantor’s Details
  • The name, age, foreign address, Indian address and occupation of the person making the deed should be mentioned first.
  • Attorney’s Details
  • The name, age, address, father’s name and occupation of the person in whose favor the deed has been made should be mentioned.
  • Reason for the POA
  • You have to state why you are creating this deed and for what grounds. For eg. To buy or sell or rent out your properties in India, since you are staying abroad etc.
  • Date of Commencement
  • You should clearly mention when the POA comes into force.
  • Signature
  • The Grantor has to sign in all the pages and also on the last page.

How To Make It Legally Valid

To make the Power of Attorney make from any foreign country as legally valid, one has to perfect these formalities:

  1. The Deed has to be assembled on a plain paper and attested in the Indian Embassy or by a Notary from that country.
  2. The Grantor should place his/her signature on all sheets.
  3. The deed should be conveyed by registered post to an Indian address in the name of a known being.
  4. The person in India to whom the deed is sent should get the deed registered in the Sub-Registrar office in the zone where the property is located or the place of residence.

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