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N Moorkoth   29 January 2017

NRI POA query

Hello, I am an NRI citizen of UK. I will be in India next month and want to give POA to my sister to sell property on my behalf. Will such a POA be valid or do I have to get POA attested by Indian consulate in UK.

Thank you N Moorkoth



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 4 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     30 January 2017

When you are executing the POA in India, it does not require attestation by the Consulate in UK.

It is advisable to give a specific Power of Attorney instead of General Power of Attorney.  You may execute the POA specifically authorising your Sister to sell the asset (details thereof to be mentioned in the POA) and such POA needs to be registered.  At the time of registration of your POA you have to submit all your identtiy proof and address proof.  Your valid Passport will do, provided the address (Indian address) mentioned therein is current and valid.

 

How you are proposing get the money received as consideration is not known.  If you are planning the money to be credited to your account, please note that such sale proceeds cannot be credited to your NRE account as per FEMA.  You need to open a NRO account(if you do not already have one by now) in a bank where such sale proceeds can be credited and banks may ask details of source of such huge funds whereby you or your sister (or whoever is depositing the sum, of course by way of cheque/DD by the Purchaser) need to give copies of the Registered Sale Deed and POA to the bank.  Thereafter you can transfer a sum upto  USD 1 million per financial year (equivalent in INR) to your account in UK.  While transferring, you need to submit form 15CA and 15CB.  Therefore you need to have a PAN card also.

  1.  Better give specific power of attorney
  2. Power of Attorney to be registered
  3. Opening of NRO account
  4. PAN Card

 

H.M.Patnaik (Proprietor)     30 January 2017

Let me  add a little to the response given by Expert Mr. Shivramprasad .

As the Querist has already stated that he is a US citizen, there is no need of a PAN.

The Purchaser of the property can remit the funds to the overseas a/c of the payee

observing banking procedure.

N Moorkoth   30 January 2017

Thank you for your responses.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     30 January 2017

Wrong Sir. Purchaser of the property cannot, I repeat, cannot remit the funds to an outside vendor.  The Purchase consideration should necessarily be credited to the NRO account only. This is as per FEMA Regulations. For opening of NRO account, PAN is a must. From out of such purchase consideration, only an amount equivalent to USD 1.00 million can be repatriated in each financial year,subject to condition submission of 15CA and 15CB.


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