Power of Attorney

NRI Power of Attorney is a legal document that allows Non-Resident Indians (NRIs) to authorize someone else to act on their behalf in India for various purposes such as property transactions, financial matters, or legal proceedings

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Illustrative cases where Power of attorney can be issued

How to Get your Power of Attorney with India for NRI

  • 1

    Discussion with Lawyer

    regarding terms, conditions and purpose of POA

  • 2

    Drafting of POA

    The lawyer will draft the POA for client

  • 3

    Attestation in Resident country

    Draft power of attorney is required to be attested by indian embassy/notary & signed by grantor

  • 4

    Sent to India via registered Post

    The attested document is send to india which is registered at sub-registrar's office in india

  • 4

    Registrtaion & payment

    We register the deed at sub registrar office and pay required registration charges per state laws

Key consideration for Power of attorney for NRI

General purpose

or Special purpose POA can be issued

Grantor should

be mentally capable

Residential address

of Foreign country is must

Mandatory to

register POA which deals with immovable property

Stamp duty &

registration charge may apply

POA is not

intstrument of transfer of immovable property

Valid till

Principle/agent is alive

Adjudicated,

within 3 months of execution

Valid for

period mentioned in document

Limited to

the scope mentioned in document

Can be

revoked anytime

Personal loss

of holder in case exceeds authority

POA is not intstrument of transfer of immovable property

Valid till Principle/agent is alive

Adjudicated, within 3 months of execution

Limited to the scope mentioned in document

Can be revoked anytime

Personal loss of holder in case exceeds authority

What Should Be Included in The Power Of Attorney Deed

While making the General Power of Attorney from outside India, make sure that your deed includes these details

Grantor’s Details– The name, age, foreign address, Indian address and occupation of the person making the deed should be mentioned first.

Attorney’s Details– The name, age, address, father’s name and occupation of the person in whose favour the deed has been made should be mentioned.

Reason for the POA– You have to state why you are making this deed and for what purpose. For eg. To buy or sell or rent out your properties in India, since you are staying abroad etc.

Date of Commencement You should clearly mention when the POA comes into force.

Signature– The Grantor has to sign in all the pages and also in the last page.

General POA Special POA Durable POA Medical POA

Use Case Examples

Managing general affairs, legal, financial matters

Selling property, handling a specific transaction

Appointing a long-term agent, incapacity planning

Making medical decisions in case of incapacity

Authorization Limits

Often without specific limits

Limited to a specific task or transaction

Can encompass broad authority or specific tasks, may endure despite incapacity

Limited to medical decisions and healthcare matters

Purpose

Provides flexibility in managing affairs, delegation of authority

For specific, clearly defined tasks or transactions

Provides enduring authority, often used for incapacity planning

Specific authorization for medical decisions in case of incapacity

Broad Scope of Authority

Specific Task or Duration

Revocable

Legal Formalities Required

Used for Incapacity Planning

Benefits of Power of attorney for NRI

Remote Decision-Making: NRIs can authorize an agent to make crucial property decisions on their behalf

Transaction Facilitation: POA enables the appointed representative to execute property-related tasks

Timely Response to Emergencies: In case of property-related emergencies or urgent decisions, the authorized agent can act promptly on the NRI’s behalf

Continuity of Affairs: A POA ensures continuity in managing your affairs if you become incapacitated or unavailable due to travel, illness, or other reasons

Convenience and Efficiency: Granting a POA enables you to appoint someone to handle specific tasks or make decisions for you, saving you time and effort

Estate Planning: POAs play a crucial role in estate planning, allowing you to designate someone to manage your assets and make healthcare decisions.

Asset Protection: A POA can help protect your assets by allowing a trusted individual to manage financial transactions, property matters, and legal affairs on your behalf

Act beyond the specific

powers granted by the POA document.

Engage in illegal, fraudulent,

or unethical activities on behalf of the principal

Voting in

elections

Signing the

Will

Medical decisions

without specific authorization

Waive or surrender certain

legal rights or privileges of the principal

Represent the principal

in criminal court proceedings

Represent the principal

in divorce or family law matters

If an NRI wishes to renounce their

Indian citizenship, they must personally submit the application

NRIs applying for visas or undergoing

immigration interviews must personally attend these proceedings.

If an NRI is required to testify

as a witness in court proceedings in India, they must do so personally.

In India, the solemnization of

marriage requires the personal presence of both parties.

Adoption proceedings involve

significant legal and personal responsibilities

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