Granting a Power of Attorney (POA) to your brother in India while residing in the USA is a structured process. Here is a step-by-step guide to help you navigate it smoothly:
STEP 1: DRAFT THE POA
Prepare the POA document in Microsoft Word format, clearly outlining the powers being granted to your brother.
STEP 2: PRINT THE DOCUMENT
Print the drafted POA on standard A4-size paper. (There is no need to use stamp paper)
STEP 3: NOTARIZATION IN THE USA
- Visit a licensed Notary Public near your location.
- Sign the POA document in the presence of the Notary.
- The Notary will affix their seal and signature to authenticate the document.
STEP 4: SENDING THE POA TO INDIA
Courier the notarized POA document to your brother in India through a reliable postal or courier service.
STEP 5: ADJUDICATION IN INDIA
Upon receiving the POA, your brother must present the following documents at the District Registrar’s Office for adjudication:
- The original notarized POA.
- Valid ID proofs for both you and your brother (the ID proofs must establish your relationship, typically by matching the father’s name).
- Stamp duty payment receipt.
- A request letter addressed to the District Registrar.
- A copy of the Sale Deed (if the POA is related to selling a property).
NOTE:
Adjudication must be conducted within the jurisdiction where the concerned property is located.
STEP 6: PROCESSING AT THE DISTRICT REGISTRAR’S OFFICE
The District Registrar will:
- Verify the POA document, ID proofs, and stamp duty receipt.
- Officially adjudicate the POA.
Upon completion, the Power of Attorney is legally recognized for use in India.
IMPORTANT NOTES:
- In Karnataka, a notarized General Power of Attorney (GPA) from the USA is accepted for property transactions. Attestation from the Indian Embassy/Consulate is not mandatory.This is beneficial as embassy attestation typically involves higher costs and significant travel.
- As of 28th April 2025, the stamp duty for POA adjudication in Karnataka has been revised to ₹500 (previously ₹200).
- In certain other Indian states, attestation by the Indian Embassy is still mandatory, and notarized documents alone may not suffice. Always verify the current local regulations in the respective state before proceeding.
EXAMPLE CASE:
Mr. Krishna Mohan, residing in the USA, granted a Power of Attorney to his brother, Mr. Ram Mohan, for the sale of a property located in Bangalore. The relationship was clearly indicated within the POA document, helping to establish its authenticity during adjudication.
We encircled the relationship in POA below for your reference
Using the adjudicated POA, Mr. Ram Mohan successfully sold the property on behalf of his brother.
OUR SERVICES:
We assist clients in drafting, notarizing, and executing Power of Attorney documents for use in India.
To avail of our services, please contact us:
📧 Email: pgnproperties@gmail.com
📱 WhatsApp: +91-97424 79020