113. Power of Attorney from UK
Q: Hello, My husband and I have recently got British citizenship. Our British passports have also just arrived a few days
back. We now have to surrender our Indian passport and apply for OCI.
My urgent query is that my brother is currently proceeding to sell our residential house in India. But he has been told by
Registrar that I (that's me) to have to sign a stamped paper giving the Power of Attorney to him to go-ahead with house
sale. And that Indian embassy here will testify that I live in UK and therefore cannot be present in person in India in the
court.
Could you please tell me as to how it is done? What is the correct procedure for sending Power of Attorney to someone in
India. What I am supposed to do? I am in middle of situation ie I have British passport but I am yet to surrender Indian
passport.
So should I approach British or Indian embassy? Kindly help soon.
Regards, Archana
A. To send a 'Power of Attorney' to India from UK, you are required to get the power of attorney document attested by
the Indian Consulate in UK. Just call the nearest Indian Consulate office for guidance on how to proceed.
This is usually a simple procedure which normally requires that you take the documents listed below to the Indian
Consulate. Pay the appropriate fee, which I believe is about £8.00 and sign in front of the Consular Officer.
The original document (your power of attorney) along with a photocopy.
Your current valid passport (British in your case)
A photograph of the person giving the power of attorney
You mentioned in your email that "I have British passport but I am yet to surrender Indian passport" I would suggest you
surrender your Indian passport as soon as possible without delay. Failure to do so in a timely manner can lead to
penalties.
Under Indian law, Persons of Indian origin who have acquired Foreign citizenship are required to surrender their Indian
Passports to the nearest Indian Mission/Post immediately after acquisition of foreign citizenship.
Please Note:
When sending power of attorney from abroad, it is always advisable to put some thought when giving 'power of attorney'
to someone. Getting it prepared by a lawyer may be the right way to go.
Never sign a blanket power of attorney that says something like, "Mr. X can act on my behalf." Always state clearly what
the power of attorney is exactly given for.
Always include an expiration date when the power of attorney expires.
Never sign a blank or Stamp paper and send it to India.
Specify clearly what you expect. For example if you want a your property rented, specify what the minimum rent is to be
and what has to be done with the rent money. For example deposit in account number such . . . . .
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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