Power of Attorney is the best instrument for you, if you are living abroad and managing your property or others assets become a headache for you. Power Of attorney has its various benefits, even resident Indians also be drawn and execute Power of Attorney. It is find to tough to be present everywhere physically when people having numerous properties/assets. Therefore, people execute Power of Attorney to delegate the responsibility. Before going ahead here is the thing you must know about i.e. Power of Attorney.
Power of attorney is a legal document or the authority given by one party to the other party to act as per the authority granted. The relationship between the two parties is similar to the relationship of Principal and agent. An agent’s authority may be expressed or implied. An express authority could be given by spoken words or written. An implied authority is inferred from the circumstances or nature of the act. Decision taken by the attorney holder within the circumference of the authority given is binding on the principal. For instance, if a person has purchased any property in India and cannot be physically present to process the registration or for any other work, he can delegate his right and duties to any person like relative/friend by means of a registered power of attorney.
The procedure of getting a power of attorney in India by an NRI is as follows:-
The person giving and the person who is receiving the Power of Attorney must be competent to each other. However no person with unsound mind and mentally incapacitatedor a minor cannot issue a Power of Attorney.
It is important that where an NRI sent a Power of Attorney from abroad should be in written in understandable English and on a plain piece of paper, it doesn’t require an Indian stamp paper. In that plain paper you should write down all the powers you wish to give to the designated person. The wordings of the Power of Attorney should be checked and done carefully. It should also be given to a person who genuinely wishes to perform the services mentioned for you. There is not a specific draft but each Power Of Attorney is created as per the requirement of a transaction. An NRI should get the Power of Attorney attested by the Indian Consulate/High Commission in the country where NRI residing at and it has to be notarized by a Notary Public with the photos affixed and photo should also be half stamped. Make sure that signature of two witness is required for the Power of Attorney to be valid. A copy of the passport has to be notarized as well. Affidavit needs to be notarized by a notary public with the photo affixed on it.
After sign and attestation by Indian Embassy/Consulate the Power of Attorney should be sent by registered post to India. This Power of Attorney has to be stamped and adjudicated within three months of receipt in India. It is important that the person to whom the power of attorney is sent should get it registered in the Sub-Registrar office in the area where the property is situated. The Indian courts generally give weight only to registered documents.
Under the Registration Act it is not necessary for a Power of Attorney to be registered (in cases of general POA’s). However it is normal practice to register power of attorney when dealing with immovable property.Documents which is usually required would be the affidavit and the envelop in which the Power of Attorney was mailed by NRI (that can be asked for as proof in certain cases) passport photocopies of the person who have created the POA,ID proof of the person holding the POA, document regarding the relationship between the Power of Attorney executor and Power Of Attorney holder and original Power Of Attorney etc. Usually the Power of Attorney gets registered and can be obtained in 15 days. Are you an NRI? Do you have properties in India? or any other financial transactions in India? And you are unable to personally attend for such transaction in India? Don’t worry, just relax at your home. Now you don’t need to go searching for lawyer we are here for you & you can contact us any time.