power of attorney
pratyu
(Querist) 19 October 2009
This query is : Resolved
My brother resides in usa.He has a plot in guntur in which he wishes to build a house.Since he is unable to come to india,he wants to give power of attorney to me so I can take the responsibility of the construction in the plot.we want to know the procedure for giving power of attoney to me (residing in india) from my brother(residing in usa).
Sachin Bhatia
(Expert) 19 October 2009
The process of executing a Power of Attorney is quite simple. Your brother can have a Deed of Power of Attorney made, which includes powers granted in favour of you to construct & do any thing in this regard to the property. The powers conferred can also include other aspects relating to construction as may arise in usual course. It is advisable to have this registered as it has better acceptability in the market.
A V Vishal
(Expert) 19 October 2009
YOUR BROTHER NEEDS TO EXECUTE A POA IN THE U.S ON A WHITE PAPER, DULY NOTARIZE IT WITH A NOTARY PUBLIC OR THE INDIAN EMBASSY AT THE U.S AND SEND IT ACROSS TO YOU, YOU NEED TO APPLY IT TO THE REGISTRAR OF STAMPS AND AFFIX RS.1000 SPL ADHESIVE STAMPS OR FRANK IT WITH SIMILAR DENOMINATION NJ STAMPS AND GET IT REGISTERED.
mahesh kumar yadav
(Expert) 19 October 2009
yes i agree with the answer given by A V Vishal
PJANARDHANA REDDY
(Expert) 19 October 2009
WHEN THE DOCUMENT IS SIGNED ,THE FRANKING CANNOT DONE.ONLY PAY FEE BY CHALLAN OF BANK
A V Vishal
(Expert) 19 October 2009
No Mr Reddy, incase of a POA given by a person residing outside India the standard procedure to validate the POA is mentioned by me, kindly check with the Registrar Office.
A V Vishal
(Expert) 19 October 2009
33. Power-of-attorney recognisable for purposes of section 32
(1) For the purposes of section 32, the following powers-of-attorney shall alone be recognised, namely:-
(a) .......................;
(b) .......................;
(c) if the principal at the time aforesaid does not reside in India, a power-of-attorney executed before and authenticated by Notary Public, or any court, Judge, Magistrate, Indian Consul or vice-consul, or representative of the Central Government:
Provided that the following persons shall not be required to attend at any registration-office or court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely-
...............................
...............................
Refer S.17 rwt S.10A of the Stamps Act
n.k.sarin
(Expert) 19 October 2009
agree with the Vishal
joyce
(Expert) 19 October 2009
I agree with Vishal and also convey my thanks to him. I also Thank for the author Pratyu, for his simple but weightage querry.
niranjan
(Expert) 19 October 2009
Will it be not convenient to type the power on proper denomination stamp paper in India and send it to the person abroad and there he may get it notarised and send it back to you ? It is advisable for the giver of poa to affix his photo on the poa. I think that all powers are not compulsorily registrable, only power to sell the property is compulsoryly registrable.
A V Vishal
(Expert) 19 October 2009
No Mr Niranjan, it is not valid as far as my experience goes in the matter.
RASIK DAGLI
(Expert) 20 October 2009
Your Brother shoud Execute a power of Attorney before a Notary Public in USA and send the original to you. On receiving the same you have to approach local office of Supretendent of Stamps ,to get affixed proper Stamp payable on POA in your State and get the same authenticated by Supre. of Stamps. Thereafter it is a valid POA which you can use for the purpose.
RASIK DAGLI
Advocate.
