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Power of attorney from abroad, done right.

A power of attorney lets someone in India act for you: sell a flat, deal with a bank or a court. Done wrong, it is refused at the registrar. Tick these off in order.

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What to know, in order

  • Choose a special power of attorney for one task, such as selling one named flat. A general one is wider and riskier.
  • Write the full details: your name and passport, the agent's name and ID, the property or account, exactly what they may do and until when.
  • Sign it abroad before a consular officer at the Indian Mission, or before a local notary and then get an apostille if the country is in the Hague Convention.
  • Once it reaches India, pay stamp duty at the collector or sub-registrar within 3 months of receiving it (Indian Stamp Act, section 18; state rates differ).
  • For selling or buying property, register it or have it authenticated as the Registration Act, 1908 (sections 32 and 33) requires, and check your state's rules.
  • A power of attorney is not a sale. The Supreme Court has held that only a registered sale deed transfers property.
  • When the work is done, revoke it in writing and tell the bank or registrar.

Questions people ask

Indian Mission or apostille: which is better?

Both are accepted in many states. Ask the sub-registrar or bank where it will be used which one they want before you sign.

Do banks accept a general power of attorney?

Many banks have their own mandate or power of attorney format. Ask your bank first.

Can I give it to two people?

Yes. Say whether they may act alone or must act together.

Sources

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