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prasanth (Programmer)     10 May 2011

NRI power of attorney for buying property in India

Hi, I am USA based NRI. I am planning to purchase an apartment in India. I want to give my father the power of attorney to purchase on my behalf. I got a format from the builder. Do I need to get the POA notarized from Notary public or getting attested from Indian embassy in USA is mandatory ?

Thanks in Advance



 21 Replies

adv. rajeev ( rajoo ) (practicing advocate)     10 May 2011

Yes it is necessary.

prasanth (Programmer)     10 May 2011

Thanks for the reply. Can someone provide me with the POA format(to Father) for purchasing an apartment ?

 

Thanks

V. VASUDEVAN (LEGAL COUNSEL)     10 May 2011

https://www.vakilno1.com/. Please check this link for the drafts.

Vasudevan

Om Prakash Dhusia (HR assistant)     10 May 2011

Dear all NRI's:Kindly note it is mandatory to get endorsed any document from their respective Indian Embassy of residence and kindly don't ask about any Supreme Court ruling on this issue as I may not be able to do so and Power of attorney is not a pythagorous theorum that only he could have solved and none else.

Mr.V.Vasudevan has already suggested the needful.Apply your mind and do not waste your precious money on such an simple document by hiring the services of a lawyer which is exhorbitant overseas as compare to India.

If you send that POA,kindly note that  it requires to be registered at Registration Office in India of your father's residence with a fee of Rs 200/ or so and he can use it as and when required and please do not go for General Power Of Attorney but the specific one for the specific transaction.

Regards. 

2 Like

SRISHAILA.DHARANI (Advocate&consultant)     10 May 2011

It has to get attested by the Indian embassay, then only, it has got value.

srishaila
/bangalore/9741425514/sdharani120@gmail.com


(Guest)

@Prasanth

Best advise given by om prakash dhusia.Follow the advise.

prasanth (Programmer)     10 May 2011

Thanks everyone for your valuable reply. I am planning to get attested from embassy. I am waiting for the GPO format for purchasing an apartment . It would be really helpful if someone can point me the link for the correct format accepted by sub registrar office in India?

Thanks

Prasanth

P.K.Haridasan (Advocate)     10 May 2011

If you can get your power of attorney attested by Indian Embassy, it is well and good and it may help  to avoid confusion of the registrars who register in India. Power of attorney attested in foreign countries  by notory is also valid but do not go for it.

Om Prakash Dhusia (HR assistant)     11 May 2011

Please Mr.Prasanth: Dont get confused:

a) If you know English, kindly jot it  down on a A4 size typing paper in very simple English with no jargons,what ever you wanted in POA.Visit Indian Embassy or Indian Consulate at USA where ever situated.Pay the requisite fee in US Dollars for endorsement.

b) Send it to your Pita Shri in India through courier if cheap or through Americal Postal Service and request your Pita Shri to get it Registred in the Registration Office.

c) No notarisation is required in USA, once it is endorsed by the Indian Embassy/Consulate.

d) Your Pita Shri would be able to use it as required to buy property in India on your behalf.

e) But kindly do not send a GENERAL POWER OF ATTORNEY but specifically to buy property.

Regards.

1 Like

reeti shah (lawyer)     12 May 2011

Hello Prasanth,

Get the General Power of Attorney attested by Indian Embassy and tell your father to get it registered in India before registrar's office.

Regards,

Advocate reeti Shah

Email : corpusjuris@mail.com

1 Like

Swapnil (Lawyer)     26 June 2012

Hello Mr. Om Prakash Dhusia,

 

Is this the same procedure for UK too? and there has been no change in this last year?

Plz do guide me.

Thank you !

Om Prakash Dhusia (HR assistant)     27 June 2012

Prasanth Dear, Act as has been already suggested. Choice is yours but do not prepare general POA but work specific.

Regards

Jayendra Sevada (Advocate)     24 July 2012

Dear,

If your father is purchasing a property then what is the need to execute POA. Ask your father to buy it in his own name.

Aman Singh (Law Officer)     10 November 2012

NRI can only buy property in India if he have any relative or family members, which is residing in India.

Buy property in Jaipur


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