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Power of Attorney

(Querist) 04 May 2010 This query is : Resolved 
Dear Sir,
Please tell me the procedure for obtaining Power of Attorney in USA for my relative who is an NRI who wants to buy property in India( POA on his father name ( Aged 68) who is residing in India who is eligible to sign the documents in India)

Regards,
karthikeyan
Raj Kumar Makkad (Expert) 04 May 2010
I do agree with Siva.
A V Vishal (Expert) 04 May 2010

Get the PoA prepared by whoever is preparing your documents in India. Send it by email to you. You take a print out on good quality paper, sign it on every page, and get it attested by the Indian Consulate / High Commission. YOu will need to show your passport there. Even if you are a non-Indian citizen, you need this.

Courier the attested paper back to India.

Within 7 days of reaching India, the paper has to be presented to the District Collector for stamping (pay stamp duty).

It may also have to be registered if it relates to SALE of immoveable property by you. Depends on the rule in each State.

You really do not need a PoA to BUY land / immoveable property. The "sale deed" needs to be executed only by the seller.

If this is for registering a deed where you are selling land, better get the PoA cleared by the buyer too. Details of the property need to be included in the PoA in this case; hence you better it prepared by a solicitor / document writer.
bhagwat patil (Expert) 05 May 2010
agreed to Vishal. In Maharastra presence of buyer or his POA holder is required.
a.manoharan (Expert) 05 May 2010
in tamilnadu also, buyer and seller - both must be present and signed


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