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Dipesh   27 March 2024

Poa - foreign national

Hello,

As an Indian resident, I jointly own properties in Mumbai and Gujarat with my brother who is a Foreign national (Canadian citizen). He is currently in India for a brief visit and intends to provide me a general Power of Attorney (POA) to give me the authority to lease or sell our properties and carry out required any other legal formalities. Could you please provide guidelines on making this POA and its estimated costs involved? Additionally, please also confirm if a POA executed in Mumbai is valid for property located in Gujarat.


 



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 4 Replies

SAM (LEGAL)     27 March 2024

Could you please provide guidelines on making this POA and its estimated costs involved?

Ans: PoA should be on Rs.500/- stamp paper and it should be on the name of the person who wants to give power to attorney holder. Please affix photo, thumb impression as well as signature on POA. Try to do registered notary on POA. Dont do simple notary. Make POA from advocate only. Dont try to draft yourself. Normally advocates in Mumbai charge Rs.2,500/- to draft and execute full POA. If you want to get it registered POA then make "Specific power of attoreny".

 

Additionally, please also confirm if a POA executed in Mumbai is valid for property located in Gujarat.


Ans: If the POA giver is resident of Mumbai then it is valid for property located in Gujarat.

T. Kalaiselvan, Advocate (Advocate)     27 March 2024

You can contact any lawyer of this forum or outside to get a POA deed executed and properly registered. The POA deed executed in Mumbai if it has the details of property located in other states,  then this deed is valid in that state also. 

Dipesh   31 March 2024

One of the lawyers in Mumbai has advised sending the draft to the embassy getting it attested and then doing the notary and registration in Mumbai. If my brother is present in India then is it required to send the documents to the embassy in Canada? 

T. Kalaiselvan, Advocate (Advocate)     01 April 2024

The attestation by the Indian consulate or embassy will be required only if principal is residing and executing the POA deed in that country.

But since he has come to India now, he can execute and get it registered directly in India.


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