Power of attorney is a document that allows someone else to act as your legal agent. It is mainly used by NRIs (Non-resident Indians) to manage their property in India. For instance, if you have purchased an apartment or flat in India, and you can’t visit personally to take the possession or ownership of property. To sign in the registrar office for registration in your name, you can share these rights with any of your family member, relative or a friend by issuing a registered POA.

TYPES OF POWERS OF ATTORNEY

The two types are general and special:

1.    General

• It provides substantial powers for completing the transactions expected.

2.    Special

• It is given for specific purposes only. These are defined in the document.

Registration of Power of Attorney:

For NRIs, it is now mandatory to have the POA registered specifically for property matters. In fact, it is advised to attain all POA documents which have sent to India or even if it is executed in India must be registered at the sub-registrar office.  In India, courts give more weight only to registered documents. In the case of dispute issues, unregistered documents may not get a favourable decision from courts.

The registration process includes:

• Visit the sub-registrar office with the document to be registered. In India it is prepared or done on stamp paper whereas if prepared abroad no stamp paper is required. Those NRIs who are not present in India should get the POA holder to get the registration done.
• Original documents with copies (or Self-attestation of documents) showing proof of address and proof of identity.
• Two passport size photographs and even Sub- Registrar will take your photo also at the time of registration along with thumbprint.
• Two witnesses who must also have proper identification or ID Proof.

Also Read: Partition Action: A Way To Cure Property Dispute

Registration If NOT in India

• Those NRIs who send POA to India from a foreign country(say United Kingdom, Canada, North America and others) need to get the POA attested by an officer of the Indian embassy in their area of residence.
• Send POA document to India for registration. The POA holder will need to give his identity and address proof along with the witness at the sub-registrar office.

The instructions to register the Special power of attorney embossed are given as under:

• Please check the spellings of the name and address and also the information on the passports.
• Affix photograph on the last page of a document. The photograph ought to be of a passport size.
• Make sure you sign on each page of the Special POA.
• Ensure the Special POA bears signatures of two witnesses.

Note: – Witness should not be Notary Public, who has attested the document.

• All pages of POA have to be notarized by a Notary Public with the photos affixed and your photo should also be half stamped.
• Photo ought to be the self-attested i.e. cross signature on the photograph.
• There must be notarized stamps on or near the signatures of two witnesses.
• It has to be notarized by a Notary Public with the photos affixed and your photo should also be half stamped.
• After that, it has to be either stamped from the Indian Consulate or High Commission or Foreign and Commonwealth Office.
• We will advise going to the office of the foreign commonwealth as it will be more convenient rather than going to the Indian Consulate or High Commission.
• A copy of the passport has to be notarized and sent along with the Special Power of Attorney.

The guidelines to register the General power of attorney embossed are given as under:

• Please check the spellings of the name and address and the other information on the passport.
• Affix photograph on the last page. The photograph ought to be of a passport size.
• Please ensure you sign on each page of the General Power of Attorney.
• Ensure that documents bear signatures of two witnesses.

Note: – Witness should not be Notary Public, who has attested the document.

• All pages of POA have to be notarized by a Notary Public with the photos affixed and your photo should also be half stamped.
• There should also be notarized stamps on the signatures of two witnesses.
• All documents have to be notarized by a Notary Public with the photos affixed and your photo should also be half stamped.
• After that, the General POA has to be either stamped from the Indian Consulate or High Commission or Foreign and Commonwealth Office.
• We will advise going to the office of the foreign commonwealth as it will be more convenient rather than going to the Indian Consulate/High Commission.
• A copy of the passport has to be notarized and sent along with the General Power of Attorney.