How nri from usa can give his flat on leave & license

Mehta (Querist) 23 December 2022 This query is : Resolved
How NRI from USA can give his flat in mumbai on leave & license basis. I have flat in ghatkopar which I want to give on rental. How can I from USA give it, what is the process of doing it. Please advise.

Mehta

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Non-Resident Indians (NRIs) in the USA can legally rent out their property in India. The primary method involves granting a Power of Attorney (POA) to a trusted family member, friend, or relative in India. This POA allows the appointed attorney to execute rental and leave & license agreements on your behalf. It's advisable to get the POA attested abroad and validated in India. For added convenience, consider using professional legal services and exploring online platforms for digital execution of agreements, which can be signed electronically.

kavksatyanarayana (Expert) 23 December 2022
Who is an NRI can give Power of Attorney to his family members/relatives/friends to execute rental/leave & license agreements along with you. The NRI shall get the POA attested by the Notary Public abroad/Embassy/Indian Counsel as the case may be and it should be validated after receipt in India within 3 months.

Dr J C Vashista (Expert) 24 December 2022
You are required to seek professional services of a prudent lawyer for executing Leave & Licence of your flat through some of your local relative/ acquaintance as your attorney, which you can afford.

K Rajasekharan (Expert) 24 December 2022
You can transact such business in India by executing a power of attorney.

The easy way to authenticate a power of attorney is called Apostilisation, the details of which are available from government of India website.

I have tried to provide some details on it at https://lawwatch.in/law-relating-to-power-of-attorney/

Advocate Bhartesh goyal (Expert) 24 December 2022
Yes,you can legally let out/lease out your flat through duly executed power of attorney.

Mehta (Querist) 24 December 2022
Thanks to all the experts for your valuable advises. In India, Aadhaar based eSign documents are considered a valid document, so is there any site available where in I can execute the Leave & License agreement by esign.

T. Kalaiselvan, Advocate (Expert) 29 December 2022
When an NRI has immovable property in India, he can let it out on rent.
For people who cannot be present with their NRI rental agreement and signature in India, there is an option to draft a power of attorney in favor of a person.
The POA or the Power of Attorney transfers the property’s right of signing and authority to the person. Such a person takes care of the building in the absence of NRI.

Power of attorney is one solution that saves NRIs from the hassle of regularly coming down to India and with all the hassle regarding the property. What NRIs have to do is enter the POA. Even living abroad, they can draft it in favor of someone through Indian embassies present abroad.
In its arrangement of ensuring houses for every resident in India, the Government of India has eased the discomfort of NRIs in drafting rent agreements. They have provided the facility of online rent agreements. It can be digitally signed, and papers can be digitally transmitted to the owner.

When everything is digital, even the government prefers the NRIs to use emails as a medium for sending NRI rental agreements. Moreover, they are considered a safe mode of sending rent agreements. It makes the complete process online with no physical presence of the NRI in India.
Before they give a house property for rent, various prerequisites need consideration like verification of the tenant, taxation of rental income, provisions of rental agreements, etc.
The background verification of the tenant is also necessary. As a landlord, one should exercise proper discretion and caution when entering ‌rental agreements. NRIs cannot visit the property frequently, and therefore, the person to whom the landlord is giving the property for rent must be reliable.

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