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Muralidharan   27 September 2024

Power of attorney

Whether a NRI can execute a power of attorney appointing his son who is NOT A RESIDENT OF INDIA  and stays abroad as agent for selling his immovable property in India

Is there any restriction about the resident status of the agent under law

 

 



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     27 September 2024

a Non-Resident Indian (NRI) can appoint another NRI as their Power of Attorney (POA) agent to transact with immovable property in India. However, there are some things to consider.

The POA can be executed in India if all NRI applicants are physically present or overseas. If executed overseas, the POA must be attested by the Indian Embassy or Consulate and stamped by the sub-registrar's office in India.

The POA remains valid only during the lifetime of the principal. The principal can revoke or cancel the POA at any time

 

kavksatyanarayana (subregistrar/supdt.(retired))     27 September 2024

If the POA is executed out of India, that POA shall be attested by a Public Notary/Embassy or Consulate in that country.  After the receipt of POA in India, it shall be got validated within 3 months from the date of receipt in India by the District Registrar of the district or a Collector under Indian Stamp Act, Sec.18 & 19 in which the property is situated.


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