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How NRIs Can Benefit from Power of Attorney

A Power of Attorney (PoA) helps NRIs buy property in India by authorizing a trusted representative to handle transactions. This blog covers its importance, types, legal updates, and the registration process. India for NRI simplifies the PoA process with expert assistance in drafting, attestation, notarization, and registration, ensuring hassle-free and legally compliant real estate dealings.

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How NRIs Can Benefit from Power of Attorney

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  1. HOW NRIS CAN BENEFIT FROM POWER OF ATTORNEY • www.indiafornri.com

  2. LIST OF CONTENT • What is Power of Attorney (PoA)? • Types of Power of Attorney for NRIs • Importance of Power of Attorney for NRIs in Real Estate Transactions • Power of Attorney New Rules in India • Steps to Create and Register a Power of Attorney for NRIs • Precautions for NRIs While Granting Power of Attorney • India for NRI

  3. WHAT IS POWER OF ATTORNEY (POA)? • A Power of Attorney (PoA) is a legal document that grants a designated person (the attorney) the authority to act on behalf of another person (the principal) in financial, legal, or property-related matters. For NRIs, this is especially beneficial when purchasing property, as they may not be physically present to complete formalities.

  4. IMPORTANCE OF POWER OF ATTORNEY FOR NRIS • Since NRIs cannot always travel to India for property transactions, a Power of Attorney for NRIs to buy property in India allows them to authorize a reliable person—such as a family member, friend, or legal advisor—to execute property-related tasks. These tasks include: • Signing property agreements and sale deeds • Managing registration formalities • Handling legal disputes and financial transactions • Representing the NRI in front of government authorities

  5. TYPES OF POWER OF ATTORNEY FOR NRIS • There are different types of NRI Power of Attorney based on the level of control granted to the attorney: • General Power of Attorney (GPA): This gives broad authority to the attorney to manage all property and financial affairs. • Special Power of Attorney (SPA): This restricts the attorney’s authority to specific tasks, such as signing a sale deed for a particular property. • Durable Power of Attorney: Remains in effect even if the principal becomes incapacitated. • Non-Durable Power of Attorney: Expires once the principal revokes it or becomes incapacitated.

  6. COMPULSORY REGISTRATION • As per the Indian Registration Act, a PoA used for property transactions must be registered with the sub-registrar’s office. • POWER OF ATTORNEY NEW RULES IN INDIA • ATTESTATION REQUIREMENT • If the PoA is executed abroad, it must be attested by the Indian Embassy or Consulate in the NRI’s country of residence. • E-STAMPING & NOTARIZATION • The document should be properly stamped as per the state's stamp duty laws and notarized for authenticity. • WITNESSES • The PoA must be signed in the presence of two legally competent witnesses.

  7. STEPS TO CREATE AND REGISTER A POWER OF ATTORNEY FOR NRIS • Follow these steps to draft and register a legally valid NRI Power of Attorney: • Draft the PoA Document: Clearly define the powers granted to the attorney, ensuring it is specific to property transactions. • Get it Attested: If the NRI is abroad, they should visit the Indian Embassy or Consulate to get the PoA attested. • Send to India for Registration: The attested document should be sent to India and registered with the sub-registrar’s office. • Stamp Duty Payment: Ensure the PoA is stamped as per the legal requirements of the respective state. • Notarization: Finally, get the PoA notarized for additional legal credibility.

  8. PRECAUTIONS FOR NRIS WHILE GRANTING POWER OF ATTORNEY • While a Power of Attorney for NRIs to buy property in India is convenient, it is essential to take certain precautions: • Choose a trusted person: Ensure the attorney is reliable and has a good track record. • Limit the scope: Avoid giving broad powers; specify duties. • Monitor transactions: Stay updated on all property dealings to prevent misuse. • Revoke if necessary: If the attorney misuses the PoA, it should be revoked immediately through proper legal channels.

  9. INDIA FOR NRI • ​India for NRI offers comprehensive assistance to Non-Resident Indians (NRIs) in creating and registering Power of Attorney (PoA) documents, facilitating property transactions in India. Their services include drafting PoA documents tailored to specific needs, ensuring compliance with the Power of Attorney Act, 1882. They also manage notarization and attestation processes, eliminating the need for NRIs and their witnesses to visit a notary or the Indian Consulate. Additionally, India for NRI handles the registration of PoA documents with local Sub-Divisional Magistrate (SDM) offices in India, streamlining the entire process and ensuring legal validity.

  10. Contact US • +91-9560020722 • info@indiafornri.com • www.indiafornri.com • Lorem ipsum dolor sit amet, consectetur adipiscing elit. Duis vulputate nulla at ante rhoncus, vel efficitur felis condimentum. Proin odio odio. • 901, ITL Twin Tower, Netaji Shubhash Place, Pitam Pura, Delhi

  11. THANK YOU • WWW.INDIAFORNRI.COM

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