Q.818 POA to sell NRI Property

Question: Dear Sir, I would like to purchase a Flat in Hyderabad which is owned by a NRI (US). The owner can not travel personally to India for the registration and hence would like to give Special Power Of Attorney to his Father-in-law residing in Hyderabad. The NRI says that he would like to get the SPA notarized by an advocate there. Is this legally valid ? I learned that the SPA should be attested by the Indian Embassy. Is this a must per law ? Pls guide me Thanks & Regs, Giridhar [November 4, 2015] Answer: There is no law that says power of attorney sent from abroad must be attested by the Indian Embassy. However, when it comes to transactions that involve property in India being purchased or sold. Power of Attorney sent from abroad must be attested by the Indian Consulate and then in India the POA should be registered. I doubt if any registrar would allow a property to be registered, on the basis of a power of attorney sent by a non- resident property owner from abroad and NOT attested by the Indian Consulate.
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. © Copyright 2006 Nriinformation.com
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RI Information
Informing educating and connecting Indians across the globe
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. © Copyright 2006 Nriinformation.com
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Q.818 POA to sell NRI Property

Question: Dear Sir, I would like to purchase a Flat in Hyderabad which is owned by a NRI (US). The owner can not travel personally to India for the registration and hence would like to give Special Power Of Attorney to his Father-in- law residing in Hyderabad. The NRI says that he would like to get the SPA notarized by an advocate there. Is this legally valid ? I learned that the SPA should be attested by the Indian Embassy. Is this a must per law ? Pls guide me Thanks & Regs, Giridhar [November 4, 2015] Answer: There is no law that says power of attorney sent from abroad must be attested by the Indian Embassy. However, when it comes to transactions that involve property in India being purchased or sold. Power of Attorney sent from abroad must be attested by the Indian Consulate and then in India the POA should be registered. I doubt if any registrar would allow a property to be registered, on the basis of a power of attorney sent by a non-resident property owner from abroad and NOT attested by the Indian Consulate.
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