I am in the process of obtaining a power of
attorney here in the us to sell my fathers
property in India as he is not well to travel.

My question is - does the poa need to be
on stamp paper obtained from india or
can it be on ordinary paper with the usual
procedure outlined by the indian consulate
here in usa.

Thanks
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  • If you are getting the Power Of Attorney document notarized in US, then no need of Stamp paper. Just print the document, and go to any bank to get it notarized. If you are doing it in India, then Stamp paper is must.

    Originally Posted by pauld
    I am in the process of obtaining a power of
    attorney here in the us to sell my fathers
    property in India as he is not well to travel.

    My question is - does the poa need to be
    on stamp paper obtained from india or
    can it be on ordinary paper with the usual
    procedure outlined by the indian consulate
    here in usa.

    Thanks
    CommentQuote
  • To add more, the power of attorney executed outside india has to be authenticated in India before the appropriate Registrar of Assurances.
    CommentQuote
  • Power of Attroney 1

    HI,
    I need to purchase a flat in a joint name of mine and my wife. Unfortunatley my wife is out on a business trip. During her stay, i need to sign agreement and sale deed with builder. Can anyone let me know how can i achieve this through getting Power of Attorney from US for me in India.

    Thanks,
    CommentQuote
  • Hi
    A person can certainly buy a property while not in India thrrough his/her representative/freind/family member/relative
    You would have to follow certain norms which can make your property buying experience a pleasant one

    1. Execute a Special Power of Attorney in name of the Person who will be signing the agreements and other documents on your behalf. The Power of attorney has to be signed in front of the consul officer in the Indian Embassy of the city n country where you are located. Affixing photograph and the left thumb impression alonwith your signature is essential. You can then send the POA to India, where it has to be adjudicated. After the adjudication process, the POA is ready for use in India for buying any property.

    Hope this helps
    For any more information, feel free to ask me
    CommentQuote
  • An insight...

    A "Power of Attorney" is a legal instrument whereby an individual (principal) gives a person (agent) willingly the authority to act on his or her behalf as his legal representative, and to make legally binding financial, legal and other decisions on his behalf. A person need not be a lawyer to be a Power of Attorney holder.

    Power of Attorney plays an important role in transferring the lawful ownership of immovable property like land, building from one person to another. It is generally done where an individual finds it convenient, wants to avoid court proceedings or is incapacitated due to severe illness or injury rendering him/her unfit to make sound decisions. He/She can appoint one person or several persons to act on his behalf.

    The person who empowers is the Principal and the person upon whom the power is conferred is the Agent or the Power of Attorney holder. Granting a Power of Attorney is a legal process that involves the drafting of a document. Hence, it must be strictly interpreted.

    For more information read:

    http://www.indianrealtylaws.com/stamp-duty/power-of-attorney.aspx
    CommentQuote
  • How to execute power of attorney for flat registration in bangalore

    Hi,

    I have purchased a flat in india and the registration needs to be done for the same.

    I want to execute power of attorney on my friends name so he can complete the registration process on my behalf.

    I would like to know the actual process of executing power of attorney from here.

    1. I need to sign(Get it notarized)
    2. Do i need to send it to indian embassey in San fransisco, Since my current location is los angeles.(After getting it notarized locally)
    CommentQuote
  • 1. POA has to be executed according to USA laws ( with stamps)
    2. It has to be notarized by a notary public in USA
    3. It has to be attested by INDIA embassy in USA
    4. POA sent to India
    5. Attorney should sign the POA (last page)
    6. Notarized and stamped according to India laws (Special Adhesive stamp)
    7. Registration of POA with the sub register office of identified land for purchasing
    8. Only special POA of is accepted in case real estate
    9. Grantor shall sign all the pages of POA

    Execute a Special Power of Attorney in name of the Person who will be signing the agreements and other documents on your behalf. The Power of attorney has to be signed in front of the consul officer in the Indian Embassy of the city n country where you are located. Affixing photograph and the left thumb impression alonwith your signature is essential. You can then send the POA to India, where it has to be adjudicated. After the adjudication process, the POA is ready for use in India for buying any property.

    The property proposed to be purchased / sold (identified property) shall be mention in the POA

    with regards
    viswanathan
    CommentQuote
  • I am planning to buy a property in Malleshpalya, Bangalore. I saw in the builder ads that almost all property in this area is under "Ownership: Power of Attorney." How does this affect my legal rights as a buyer and owner of a flat in such a property. Are there any risks involved? I also saw some ads in other areas with "Owneship: Freehold." Someone please shed some light on this..
    CommentQuote
  • Format (Content) for POA

    Hi

    Is anybody can give me format (content) of such PoA?

    Thanks
    M
    CommentQuote
  • Hi I am new to this forum:
    I want to execute a power of attorney for my father to sign rent deed on my behalf as well take care of other financial matter related to two houses in Punjab (india). I am in USA, please advice how to proced with POA and if someone can point to a link for format of general POA that will be great.
    Additionally do I need to go through Consulate attestion of POA or I should notarize POA from USA and send for authorization to Commisioner NRI for authantification? Thanks.
    Honeyhappy
    CommentQuote
  • Power of Attorney

    I would like to know, Can i get power of attorney from my kids to sell the property in India? My kids and myself we live in USA. Since i am also living in USA can the kids can give me power to sell their property in India. If they can then how do we do it?
    CommentQuote
  • Special Power of Attorney

    I recently (a week ago) sold a property in India using a power of attorney. My son and I jointly owned the property. I got my son's special power of attorney, went to India and sold the property. Here is what I did and it worked.

    - Prepared a special power of attorney from my son (Principal) to me (agent) on plain sheet of papers. I have attached the template version of my POA for you to use.

    - Notarized it by a notary public in USA

    - Attested it by the Secretary of State in the State (in USA) where I live

    - Asked one of the writers at the District Registrar's office in India to write a memo from me to the Registrar and transform the POA content onto a stamped paper. Don’t worry, there are plenty of people waiting to do this job and it cost me only Rs. 100.

    - Took the package (memo, POA content on the stamped paper, and the original POA prepared in USA) to the District Registrar and got it attested. The Registrar attested the original POA from USA with a serial number and his signature, and gave it back to me. He kept all other papers I prepared there in their file.


    - Also, I took all supporting documents to prove who I am and my relationship to the grantor (my address in USA and India, two photographs of me, my passport, property papers, copy of my son’s passport, his birth certificate, and his address proof). In other words, you need to prove everything you mentioned on the POA.

    - Presented the POA at the Sub Registrar's office where the sale took place.

    - No questions asked and everything went smooth.

    I was reading the websites just like you were for the answers to prepare a POA but I was completely confused with the posted answers. So I decided to handle it my way and it worked perfectly for me. If you have any questions, please feel free to email me.


    Good Luck
    Haveraj
    Attachments:
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  • Thanks for this useful post- I was under the impression that for POA to be registered at Registrar office, both parties (agent and principal) need to be present physically .
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  • Power of attorney between two private builders company

    recently, I finalized a property (builder floor) in indirapuram ghaziabad, Builder purcased this land from another builder through POA and agreement to sell. Means he has saved the stamp duty, the POA is between the first pvt developers company to second pvt developers company. Now when i applied for loan on this property (a floor on this plot) my loan gets rejected. Bank stated it was a POA between two companies so is this true?
    Please suggest any further legal issues which can arise with this kind of plot papers.
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