You have to visit the embassy and then you have to initiate the power of attorney (POA) the same has to be adjudicated in India and then the respective power holder can sell the property. Otherwise, you have to come down to India and sell or you may give the power of attorney.
Can I use power of attorney to sell a house in India?
When it comes to buying or selling a property Power of Attorney is not a valid instrument to transfer property titles. However, selling the property through General Power of Attorney had become common practice across Indian cities, owing to the monetary benefits it offered, both the buyer and the seller.
How do I get power of attorney for my property in India?
Obtaining a power of attorney requires two processes for property and financial matters.
- You have to get the power of attorney notarized.
- You have to send the power of attorney duly notarized and apostilled to the Indian Consulate near you.
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.
Can property be sold through 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).
How do I give power of attorney to someone in India?
How to get a power of attorney? Steps for creating a Power of Attorney
- STEP 1: Write the power of attorney on plain paper. …
- STEP 3: FOR PROPERTY AND FINANCES. …
- STEP 4:FEES Pay the fee at the Consulate. …
- STEP 5: Once your power of attorney is attested by the Indian Consulate/Embassy you can send it to India.
How long a power of attorney is 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.
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.
Can NRI selling property in India with power of attorney?
An NRI executing POA in India cannot declare his/her status as Resident Indian. … A Power of Attorney is issued by NRI if he/she cannot be physically present in India for the execution of property transaction. As a buyer or seller, you should insist on the physical presence of NRI Buyer/Seller in India for sale deed.
What documents are required for power of attorney in India?
Documents required for registration of a Power of Attorney include:
- Identification proof such as Aadhaar Card, Voter ID card, Driving License, etc.
- Address Proof of Parties.
- Passport Size Photograph of Parties.
- Electricity Bill OR Index II OR Tax Receipt of the Property (if POA is related to some property).
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 I sell my mother’s house with power of attorney?
Answer: Those appointed under a Lasting Power of Attorney (LPA) can sell property on behalf the person who appointed them, provided there are no restrictions set out in the LPA. You can sell your mother’s house as you and your sister were both appointed to act jointly and severally.
Is power of attorney needed while buying property in India?
When buying your home, it is essential that you hire a reliable and trustworthy power of attorney who can help you with the purchase proceedings. The POA is often used by NRIs looking to buy property in India.