How can NRI father issue POA to his son residing in India

56 votes

Register Power of Attorney In India
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Process if you are physically NOT present in India (you are NRI holding Indian passport):
1.    Write down the POA terms on a piece of paper. Since, you are not in India, you can avoid the stamp paper. A plain white A4 size paper is sufficient.
The idea is to write whatever powers you want to share with the POA holder in plain English or your preferred language.
2.    Get the POA attested by Indian Embassy/Consulate in your country of current residence with 2 witnesses.
The process should be same all over in all Indian Embassies. 
Now, send this consulate / Indian embassy signed or attested POA to India. Use any postal service like USPS here.
3.    The person in India needs to get this POA registered to actually make it a valid document and term it as registered power of attorney.
4.    Reach out to the SDM (Sub-divisional magistrate) office.
The concerned government office would be defined by the address of the POA holder (the person who you name in POA as your legally bound decision maker) and NOT your own address. Well, this address may be same if you are sending it to your parents or could be different if you are taking a friend’s help.
NOTE: The SDM (Sub divisional magistrate) office and office of registrar are two separate government departments/offices.

Documents required for registration of ‘Attested power of attorney from Indian Embassy’
1.    Affidavit (To be written on stamp paper of Rs. 80 or Rs. 100).
A nominal stamp duty of Rs. 4 or Rs. 10 is also need to be paid. You have to check with your local SDM office for these details. We were registering it in Delhi and I will share the scanned copy of Affidavit here soon.
2.    The Envelope which was used to send the POA from US to India is also required. Sounds strange but it was asked by the officer in SDM office.
3.    Passport photo-copies of the Executants (Person/s who have created the POA) in the Power Of Attorney.
4.    2 (number) Address and ID proof of the POA holder. One could be passport and other can be electricity bill, water bill etc.
5.    Document that can prove the relationship between POA holder and POA executants.
6.    You will have to submit the original POA along with the documentary proof to the SDM office.
5.    The general time frame for this POA to be registered is 15 business days. 
Once you get this POA stamped by SDM, it is considered a registered power of Attorney.

No witness is required in SDM office for registration.
6.    This registered POA is now acceptable in any government office for the purpose of possession and registration (also known as conveyance deed) of property.

LawRato LawRato

677 votes

It depends upon the kind of power of attorney.

We would require more details such as type of authority being granted, nationality of the parties involved with respect to this power of attorney, etc.

Please provide specific details for clarified answers.

Advocate Roshni Lachhwani LawRato