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Can an NRI give POA to her father-in-law to sell her flat in Bangalore?

Yes, but with few consequences

As an NRI, when you buy a property, you can give POA to any of your trusted source in India that includes your father, mother, brother, sister, in-laws, friend, colleagues.

The adjudication fee 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 mean your father-in-law doesn’t come under blood relative category.

Adjudication fee for blood relative is Rs. 500 (for both buying and selling)

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 of the property.

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 the real example of similar situation.

Husband and wife, jointly own a flat in Bangalore. Both lives in Canada and not able to 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 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 not willing to pay 2.5% of government charges , hence we planned to execute the POA between wife and husband to avoid hefty government charge.

The wife gave POA to her husband, We execute the POA in Canada + notarized in Canada + 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 tp sell the property by using the below GPA

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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.

Thank you for reading…