Power of Attorney For NRI's in India
Power of Attorney For NRI's in India
Power of Attorney for NRIs in India (Non-Resident Indians) follows the guidelines outlined in the Indian Stamp Act for the execution and stamping of power of attorney documents. The legal regulations governing Power of Attorney for NRI properties mirror those applicable to resident Indians in India. To ensure proper legal standing, NRIs must diligently adhere to the Indian Stamp Act and the Registration Act when executing and registering their Power of Attorney for NRI properties in India
An NRI may wish to appoint a power of attorney for property in India to handle his affairs in India while they are not physically present in India. A power of attorney can be a valuable tool for protecting the interest of an NRI. It can also ease up the tiresome processes related to the property which requires the presence of NRI. When an NRI wants to manage his/her property in India he/she must execute a power of attorney for property in India. In India, the laws that govern power of attorney are given under the Indian Stamp Act and the Indian Registration Act.
In India, a power of attorney is a very important legal document that allows one person (the principal) to transfer legal powers to another person (in simple words a Power of Attorney holder) to act on their behalf. A power of attorney for NRI to sell property in India is a specific type of POA that plays an important part in managing and which also helps in the disposal of the principal’s property.
There are two types of power of attorney for NRI to sell property in India which are: 1) general Power of Attorney and 2) Special Power of Attorney.
1. General power of attorney for property: A general POA for property gives the Power of Attorney holder wide-ranging powers to manage and dispose of the principal’s property. The agent will act according to the NRI power of attorney to sell property in India on behalf of the principal with respect to all of the principal’s property, including real estate, personal property, and financial assets. It is also important to note that a general power of attorney becomes invalid upon the death of the principal. When an NRI cannot handle their property in India because he/she cannot be physically present, then an NRI may grant a general power of attorney in such a case.
2. Special power of attorney for property: A special POA for the property assign a very limited role and allows the Power of attorney holder to act only in a very specific manner or for a specific purpose. For example, a special NRI power of attorney to sell property in India might authorize the POA holder to sell a specific piece of property on the behalf of NRI but can exclude the POA holder from managing his other properties. Special Power of Attorney will delegate the authority to the agent to perform the target tasks and responsibilities as assigned by the principal.
It is important to carefully consider the competence of the POA holder’s/agent’s authority while creating a POA for NRI property in India. We at RK Legal Advisors India LLP. always advise the NRI clients to review and update their power of attorney regularly, especially in situations where the relationship between principal and agent changes. This document should clearly mention the powers granted to the POA holder and an NRI should also clearly mention limitations or restrictions on their authority. The POA for NRI will guide the POA holder to act in the best interests on behalf of the principal and this document will also limit the POA holder from misusing their authority.
To create a general power of attorney by NRI for property in India, one must execute a written document that must fulfil the requirements as specified under the Indian Stamp Act and the Indian Registration Act. The NRI must personally sign the general power of attorney, witnessed by two individuals, and have it either authenticated by a Sub-Registrar or properly notarized by a notary, especially when granting the power to sell land to the POA holder.
A power of attorney for property in India can be used by an NRI for a wide range of purposes, including:
Managing and maintaining the principal's property:
Selling or transferring property.
Executing documents and contracts.
Investing and managing financial assets:
Handling legal matters
Some of the important facts about power of attorney in India are as follows:
- the POA holder must act in the best interests of the NRI and must not be misused to exercise the authority mentioned in the POA.
- The agent must keep accurate records of the action done on behalf of the NRI and should also report to the NRI.
- If the POA holder breaches their duty, the POA must be terminated with immediate effect and the POA may be held liable for any losses suffered by the principal as a result.
How to execute Power of Attorney
To execute a power of attorney in India, an NRI should follow the following steps:
- At first the NRI should determine whether a general or special POA will be required to complete the task.
- The POA should be in writing and it must be framed in accordance with the Indian Stamp Act and the Indian Registration Act. The POA should contain restrictions and limitations for the POA holder.
- The NRI should sign the POA in the presence of two witnesses, the witnesses must also sign the document. In case an NRI is still abroad then the POA can be executed either by Legalisation or Apostilisation. Our experts at RK Legal Advisors India LLP. can guide you on how to execute Power of attorney if you are not physically present in India
- The POA should be signed by a notary or judge to certify that the document is genuine and is prepared with the consent of the NRI.
- POA should be registered with the appropriate government authority, such as under the seal of the court or a Sub-Registrar Office.
- An NRI should also be aware of the fact that If the POA is not properly registered, it will not be recognized as a valid legal document.
There are several facts that non-resident Indians (NRIs) should keep in mind
when executing a power of attorney in India
- The power of attorney must be in writing.
- The principal and agent should be of sound mind.
- The power of attorney must be signed and witnessed.
- The power of attorney must be notarized.
- The attorney-in-fact must act in the best interests of the principal.
- The power of attorney can be revoked
- The general ingredients of the NRI power of attorney format are the Title, Introductory paragraph, the paragraph containing Powers granted to the agent, A clause stating the termination of the agent, and a section that includes the POA that has been executed and registered.
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Very Impressed by the Manner in Which RK Legal Advisors India LLP. Settled all My Property Matters
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Professional law firm. Being NRI, I could not be in India for most of the time to follow nitty-gritty of the case. Mr Sharma & Mr Cheema ensured my property dispute was well represented to get the desired outcome. Well done team!
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Frequently Asked Questions !!
If you have a question about NRI property law, you are in the right place
Can I Sell My Property Without Coming to India?
Yes, an NRI can sell his/her residential or commercial property to either a person residing in India, another NRI or a person of Indian origin (PIO)
Can I Appoint Someone As My Attorney To Sell My Property in India?
Yes, you can appoint someone as your attorney to sell your property in India.
Can I Claim My Share in The Ancestral Property in India?
Yes, you can claim Share in the Ancestral property in India?
Can I Get My Property Vacated From illegal Possession in India?
Under Section 5 of the Specific Relief Act, a person who is dispossessed of his property can get possession by title. Under Section 6 of the Specific Relief Act, a person dispossessed may recover his right merely by proving previous possession and subsequent illegal dispossession.
Can I File For Partition of My Ancestral Property in India?
Yes, a son is the joint owner of ancestral property and has the right to file a partition suit for his rightful share in the property.
Can I Sell My Disputed Property in India on as is Where is Basis?
Yes, you can definitely sell the property in India.
Can I File a Case in India For my Rights in a Property Without Coming to India?
Yes, you can file a case in India for your rights in a property without coming to India.
Is a Will Executed Abroad for Property in India Valid in India?
No it is not, it has to be got probated in the country where it was executed and subsequently a declaration has to filed in Indian court.
Safeguarding NRI Legal Rights in India
The NRI should Ensure that the Power of Attorney is properly executed and registered which will help the NRI to protect his interests and it will also ensure that the POA holder has the legal authority to act on the behalf of NRI. Therefore, our experts at Raj Kanwar Legal Advisors India LLP team have immense experience in managing, handling and assisting NRI property through the Power of Attorney executed in our name.