Q.805 Where to Register Power of Attorney document in India
Question: Hi
I was looking at your website with regards to Power of Attorney, I have recently given POA to my brother in law which was
attested by the Indian High commission in London, I understand that this now needs to be registered in India.
My brother in law resides in Hoshirpur, Punjab whilst the property is in
Manesar/Gurgaon.
My question is where does he register the POA and what is the process
Regards
Ravinder
Answer: These days just about every agreement document is
registered to give it authenticity. In case of a dispute, Indian courts
are likely not to accept unregistered documents. Power of Attorney
documents, especially those dealing with Property located in India
must be registered in India.
Generally the registration is done in the jurisdiction where the property
is located. However each state in India may have their own rules
regarding this. Gurgaon is in Haryana State and I believe they require
a local address in Haryana to register power of attorney there. In such a case, your brother in law would have to register
the document in Punjab where he resides and will have satisfactory proof of residence and identity which will be required
at time of registration of POA.
Power of Attorney when it concerns property matters such as sale or purchase of property in India is also restricted in
some states to only blood relatives. Giving power of attorney to your sister perhaps may be an option! Suggest you or
your brother in law check with an attorney on how to proceed.
Disclaimer: Information provided is for general knowledge only and should not be deemed to be professional advice. For professional advice kindly consult a professional
accountant, immigration advisor or the Indian consulate. Rules and regulations do change from time to time. Please note that in case of any variation between what has been
stated on this website and the relevant Act, Rules, Regulations, Policy Statements etc. the latter shall prevail.
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