Power if Attorney for NRIs

NRI wants to sell land in India which is under his name and wants to give POA to his relative. Can he get the POA notarized and send to India without getting it attested from Indian Embassy? 

Ans. Yes, the NRI can either notarize or get the POA attested (Apostilled) with the Indian Embassy

Attestation by Indian Embassy is a must?

Ans. No.

Attestion from Embassy  is must.

Ms Uma,

Can you kindly quote where in law it is mandatory to get the POA attested only by the embassy.

Please refer S.33(c)  of the Indian Registration Act:

33. Power of attorney recognizable for purposes of section 32.- (1) For the purposes of section 32, the following power-of-attorney shall alone be recognised, namely :

(a) if the principal at the time ..............................................................................;

(b) If the principal at the time............................................................................... ;

(c) If the principal at the time aforesaid does not reside in India a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative, of the Central Government :

Dear Mohan,

for selling the property by NRI via GPA holder then the Power of attorney as issued by NRI should be validated by Indian embassy and the Power of attorney needs to validated by the respective sub-regiatrar office where the  jurisidctiobn of person residing or  jurisdiction of property is falling.

Lest the POA cannot be treated to be valid, even if registered the devolution of title will have technical defect.

Regards,

S.Sateesh

Dear friends,

Power of registration executed in America will be authenticated by the Indian Consular Office in that country. and not by the Notary.

This is provided in the section 14 of the Notaries Act, 1952.  Authentication by Notary is allowed where reciprocal arrangements under the said section exist. i.e.only in case of the countries United Kingdom, Ireland, Hungary, Belgium and New zealand.

This is as per the original text of the law. In case you are in a position to establish the law has been amended subsequently, than the matter is different.

Hi,

I am working in Hungary. I need to send POA to my brother in India to take a home loan on behalf of me. I request you to let me know the process.