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Power of Attorney

NRI from Australia wants to sell property in India, is general power of attorney is possible to only blood relatives?

As an NRI from Australia sells property in India, General power of attorney (GPA) is possible for blood relatives and non-blood relatives but we have few consequences when giving GPA to non-blood relative


NRI Buying:

As an NRI, when you buy a property in India, you can give GPA to anyone including blood and non-blood relatives.

Blood relatives are: Father, Mother, brother, sister, husband, wife, children,

Non-blood relatives are: cousins, friends, colleagues, advocates, or broker

The stamp duty for GPA adjudication in India is just Rs. 500/-per executant (for buying property)


NRI Selling:

As an NRI, when you sell a property in India, you can give a GPA to anyone including blood and non-blood relatives. The Stamp Duty for blood and non-blood relatives is different:

  • The stamp duty for blood relatives is Rs. 500
  • The stamp duty for non-blood relatives is 5% of selling price or guidance value, whichever is higher

For example: Let’s consider that you want to sell a 3BHK flat in Bangalore India. The selling price is Rs. 80 lakhs and the guidance value is Rs. 55 lakh

If you give GPA to blood relative, the stamp duty is Rs. 500 irrespective of selling price

If you give a GPA to non-blood relative, the stamp duty is Rs. 80 lakh * 5% = 4,00,000/-. This Stamp Duty is paid at the time of GPA adjudication in India.

We suggest you issue GPA to blood relatives to avoid hefty stamp duty and also blood relative considered trustworthy. OR you can issue Speical Power of Attorney (SPOA) to anyone, the stamp duty for SPOA is Rs.500 per executant for selling property


We provide end-to-end assistance to obtain a GPA. To opt for our service, please write to us pgnproperties@gmail.com or WhatsApp to + 9 1 – 97424 79020.

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Power of Attorney

Can an NRI give Power of Attorney to her father-in-law to sell her property in Bangalore?

As an NRI, when you buy a property, you can give Power of Attorney (POA) to any trusted sources in India including your father, mother, brother, sister, in-laws, friends, and colleagues. The Stamp Duty for POA is just Rs. 500 (for buying a property)

When you sell a property, you have to give POA to your blood relative, the blood relative includes your father, mother, brother, sister, husband, and your children. In-law doesn’t comes under blood relative category, which means your father-in-law doesn’t come under blood relative category.  The Stamp Duty for blood relative is Rs. 500 (for selling a property)

For non-blood relatives, You can give POA to your father-in-law but you have to pay 5%  stamp duty at the time of POA adjudication. Stamp duty is based on the market value or selling price of the property, whichever is higher

For example: Your property value is Rs. 50 Lakh.

  • The stamp Duty is 5%X50 lakh = 2,50,000
  • POA Adjudication fee is paid on Khajane2 website
  • Government charges are based on government guidance value or selling price, whichever is higher.

Below is a real example of a similar situation.

Husband and wife, jointly own a property in Bangalore. Both live in Canada and cannot travel to India to register the property.

Both husband and wife decided to give POA to father (father to husband and In-law to wife) so the husband is blood-related to father and wife is not blood-related. In such a situation, we need to pay 50% of government charges

My client was unwilling to pay 2.5% as Stamp Duty, hence we planned to execute the POA between wife and husband to avoid a hefty Stamp Duty.

The wife gave POA to her husband, We executed the POA in Canada,  notarized it in Canada, and adjudicated the POA in India. We incurred the stamp duty of Rs. 200 (edit on 11th Nov 2024: Stamp duty revised to Rs. 500)

The husband traveled to India and sold the property using the below POA

 
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We provide end-to-end assistance to execute POA for Blood and non-blood relatives. To opt for our service, please write to us pgnproperties@gmail.com or WhatsApp to +9 1-97424 79020.

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Power of Attorney

What is the validity of a general power of attorney executed outside India?

General Power of Attorney (GPA) remains valid till the life of principal or attorney, within their lifetime, one can revoke the GPA at any time.

GPA can be executed with duration validity, For example: for a period of 1 year, 5 year, or till the specific transaction or legal task of which GPA was executed. GPA is revoked when the specified duration, transaction or legal task is accomplished.


Below is the procedure to execute a valid GPA

  • Draft the GPA in Word format (the format is different for buying, selling, and bank matters)
  • Print the draft on A4 size paper,
  • Get the GPA attested by local notary or Indian consulate in your country
  • Send the GPA to your Attorney holder in India through a reputed shipping partner (Ex: Fedex, DHL, or your source traveling to India)
  • Your attorney holder in India should adjudicate the GPA in the District registrar’s office, in the judication of property located.

This completes the procedure to execute GPA in a foreign country for property or bank matters in India.


Below is the image of GPA that we executed in Canada, notarized in Canada,  sent to India through courier, adjudicated in Bangalore, used this GPA to sell property in Bangalore, India, and cleared existing bank loan.

We provide end-to-end assistance to execute GPA. Please write to us pgnproperties@gmail.com or WhatsApp to + 9 1 – 97424 79020.

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Power of Attorney

NRI: Can one owner who is visiting India to sell the property of his own, Is he required to have Power of Attorney from the co-owner (spouse)?

Yes, Require to have Power of Attorney (POA) from co-owner (spouse)

We have been through the same situation that sub-registrar will not allow the property registration without the presence of actual co-owner.

Get the POA executed from the country where your spouse lives now. It’s quite simple and easy to execute a POA in foreign country for a property registration in India. Follow the below procedure to execute the POA

  • Draft POA in word format
  • Print the draft on normal A4-size paper
  • Get the POA attested from Indian consulate or notary public in the country of your spouse’s resident
  • Get the POA adjudicated in District registrar’s office in India

This completes the procedure to execute POA in foreign country for a property registration in India.


Below is a real example that we faced a similar situation recently

My client Dr Vidya Sagar and his wife live in UK. Both jointly own a property in Bangalore. Dr Vidya Sagar and his wife want to sell the property, and we found the buyer.

Dr. Vidya Sagar traveled to India for property registration and his wife didn’t come to India due to health issue

The sub-registrar office denied registering the property without the presence of the co-owner, so we decided to obtain the POA from his wife, who lives in UK. Refer to the below POA image, we registered the property using this POA.

 

We provide end-to-end assistance to obtain POA. To opt for our service, please write to us pgnproperties@gmail.com or WhatsApp to +91-97424 79020.

Thank you for reading…

 

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Power of Attorney

How much does it cost to get a power of attorney registered in Bangalore for a property in Kerala?

Following are the cost to get a Power of Attorney registration in Bangalore

  • Stamp Duty : Rs. 1000
  • Registration fee: Rs. 200
  • Scanning Fee Rs. 35 per page

POA is executed on document paper, a document paper costs around Rs.5 per sheet. You may require around 10 document sheets to execute a registered POA.

Printing costs around Rs. 10.

Advocate fee for drafting the POA, assistance to register the POA. The advocate fee is a variable cost and it depends on the individual. It may cost around Rs. 3K.


A registered POA looks like the below image,


We provide end-to-end assistance in registering the POA in Bangalore.

To opt for our service, please write to us pgnproperties@gmail.com or WhatsApp to +91-97424 79020.

Thank you for reading…

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Power of Attorney

What is the procedure for Indian Power Of Attorney in California?

We are sharing the procedure for executing Indian Power of Attorney in California.

Step 1: Draft Power of attorney in Word format.

Step 2: Print the draft on normal A4 size paper. Attach your passport-size photo on last page of POA

Step 3: Meet notary public near you in California.

Sign the POA before the notary, and sign all pages of POA.

Notary seals and signs the POA

Step 4: Send the notarized POA to your POA holder in India through reputed shipping partner (DHL or FedEx)

Step 5: In India, POA should be adjudicated in the district registrar’s office.

This completes the procedure

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We executed the below POA in USA to buy a property in Bangalore, India.

For property in Karnataka, a notarized POA from California is accepted for property registration

For some other states in India, an attestation from Indian consulate is mandatory


We provide end-to-end assistance to execute POA. To opt for our service, please write to us pgnproperties@gmail.com or Whatsapp to +91-97424 79020.

Thank you for reading…

 

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Power of Attorney

When making a Power of Attorney in abroad for sale of property in India. Is attestation from both Indian Consulate and Notary required?

Power of Attorney attestation from Indian consulate or notary suffice.

Both, attestation from Indian consulate and notary are not mandatory but they serve the purpose.


Below are the real examples that we succeeded in Power of attorney (POA) with the following options

Option 1: Attestation from Indian consulate

Option 2: Attestation from Notary

Option 3: Attestation from both Indian consulate and notary


Below is the POA which we attested from the Indian consulate in Singapore. We used this POA to sell a property in Bangalore, India.


Below is the POA, we only notarize in USA. We didn’t get attention from Indian Consulate in USA

We used this POA for buying a property in Bangalore, India.


Below is the POA, we attested from Indian consulate and notary in Australia. We used this POA to sell a property in Bangalore, India.


Please note, the above options work for a property in Karnataka. For few other states in India, attention from Indian consulate is mandatory


We provide end-to-end assistance to execute POA. To opt for our service, please write to us pgnproperties@gmail.com or Whatsapp to +91-97424 79020.

Thank you for reading…

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Power of Attorney

To purchase property in India, should I send the power of attorney to Indian Consulate or Notary suffice in USA?

To purchase a property in India, a Power of Attorney attestation from Indian Consulate in USA is mandatory. However, few states in India have exemptions.

In Karnataka, we purchase a property using Power of Attorney from a notary public in USA. Refer to below POA image attested by notary public in USA

We chose Notary over Indian consulate to save travel time in USA. And also it’s economical, which cost around $50


We provide end-to-end assistance to execute power of attorney. To opt for our service, please write to us pgnproperties@gmail.com or Whatsapp to + 9 1 – 97424 79020.

Thank you for reading…

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Power of Attorney

What is the procedure to notarize a power of attorney in India to sell a property in the USA?

Below is the step-by-step procedure to notarize a Power Of Attorney (POA) in India to sell a property in USA.

Step 1: Collect the POA draft from your advocate or agent in the USA. A draft looks like the below image

Step 2: Fill the draft with your relevant details of name, property address, contact number, etc.. as demanded in draft

Step 3: Meet the notary public near you with the following documents

  • Filled POA
  • Passport

Step 4: Notary public reads your POA and verifies the supporting documents

The executant (you) should sign the POA on all pages

The notary public seal and signs the POA and notary makes an entry in notary book

Step 5: Send the Notarized POA to an advocate or agent or POA holder in the USA through reputed international shipping partner.

This completes the procedure.


We provide mobile notary service in India, to opt for our service, please write to us pgnproperties@gmail.com or Whatsapp to +91- 97424 79020.

Thank you for reading…

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Power of Attorney

How do I make a power of attorney in Qatar for property sale in India?

Here is the step-by-step procedure to make Power of Attorney (POA) in Qatar for a property in India.

Step 1: Draft POA in Word format.

Step 2: Print the draft on normal A4 size paper (use at least 80GSM paper)

Step 3: Affix your passport-size photo on the last page of the printed POA

Step 4: Make an appointment with notary or Indian embassy in Qatar

Sign the POA in front of notary official or Indian embassy in Qatar

Get the POA attested from notary or Indian embassy in Qatar.

Step 5: Courier the attested POA to your POA attorney in India.

Step 6: Your POA holder in India carry the following documents to District registrar office (DRO) to adjudicate the POA

  • Original POA and one photocopy
  • Requestion letter for adjudication of POA
  • Identification proof of Principal and attorney. Preferably an aadhar or passport copy. (If the POA is issued between blood relatives, the identification proof should establish the relationship)
  • Stamp Duty Challan

Step 7: The DRO officer verifies the above-listed documents and adjudicates the POA

This completes the procedure to execute a POA in Qatar for a property in India.


Below is the image of POA that we executed in Qatar and adjudicated in India for a property transaction.


We provide end-to-end assistance to execute a power of attorney. To opt for our service, please email us at pgnproperties@gmail.com or WhatsApp to +91 – 97424 79020.

Thank you for reading…