NRI Power of Attorney Attestation Procedure

Power of Attorney is an important document that helps to make things convenient, especially when you are an NRI and are unable to be present in India for completing the formalities for renting out, selling, purchasing, gifting of any immovable property or completing some financial work or do some other tasks.

Identifying a person to be your Representative:

In both the scenarios that will be discussed hereinafter, the common exercise will be to choose a person, preferably from your near relatives or friends. It will be convenient if the PoA holder is residing at the same location where the property is located.

PoA to Near Relatives:

Here “Near Relatives” means – father, mother, brother, sister, wife, husband, daughter, son, grandson, granddaughter OR father, mother, brother, or sister of the spouse. If Power of Attorney given to near relatives for any purpose (including the power to sell a property) will attract only Rs. 500/- Stamp Duty.

PoA to other than Near Relatives:

(Due to the Stamp Duty implications and rules regarding execution, admission, and presentation of a document, it is advisable to consult with the professional person of your choice before executing such PoA.) As per the rule in Maharashtra, if power of attorney to sell a property given to non-near relatives then stamp duty equivalent to conveyance deed shall be applicable. For other reasons Rs. 500/- Stamp Duty is applicable.

After finalizing the Power of Attorney Holder, you will need to prepare a draft of the Power of Attorney as per your requirements and then get it Attested in the Indian Consulate.

Required Documents –

1. Draft of Power of Attorney,
2. Photographs of POA Grantor and Holder,
3. An original current valid passport and its photocopy,
4. Those applicants who hold Indian passport may provide original and photocopies of the first five and last two pages,
5. Original and photocopy of the document showing valid US Visa Status – Visa page of Passport (i.e. H1B, H4, L1, L2 etc.) OR Green Card OR Employment Authorization Document (Work Permit) OR I-797, I-140 or I-20 (If approval is pending, attach a handwritten note detailing the efforts being taken to regularize status)
6. For proof of residence – original and photocopy of documents like US Driving License or Utility Bill or Lease Agreement or State Identity Card or Mortgage Deed. Note: Bank/credit card/mobile phone statements are not accepted as residence proof.

Process Steps at Indian Consulate & in Maharashtra –

At every Consulate the Attestation Service falls under “Miscellaneous-Attestation Services”.

Process steps –

1. Drafting of PoA – Powers to sign, execute and register the Deed of Assignment, Agreement to Sell, Sale Deed, etc.
2. Signing / Executing of PoA – The person signing PoA should be present at the Consular counter and the power of attorney should be executed on plain paper.
3. Authentication of Signatures by Indian Consulate – The signature of the executant should be authenticated by the Indian Embassy / Indian Consulate / High Commission of India in that country where the executant resides.
4. Sending the PoA to Maharashtra – The signed and authenticated copy of the said PoA shall be couriered / posted at the address of the PoA holder or at any suitable address in India.
5. Affixing of Stamp – Once the PoA document arrives in Maharashtra, the same needs to be affixed with an applicable stamp duty in the form of Stamp Paper.
6. Acceptance and Notarization of the PoA – Power of Attorney Holder should sign as acceptance of the PoA and get the PoA Notarized from an authorized Notary in Maharashtra.

Once this is done, the process for Deed of Assignment, Agreement to Sell, Sale Deed, Gift Deed, etc. will initiate and the Power of Attorney holder can do all the required acts for signing and registration of the Deed of Assignment, Agreement to Sell, Sale Deed, Gift Deed, etc., here in Maharashtra.

Consulate Attestation vs Notarization by foreign Notary

IMP Note: Whether the Power of Attorney is Notarized by Foreign Notary or it is Attested at Indian Consulate, the required Stamp Duty should be payble in Maharashtra.

If anyone who is an Indian Citizen and currently residing out of India, has a property in Maharashtra and wants to rent out the property on a leave and license basis. In such a situation the property owner can prepare the Power of Attorney print it out on plain paper and can do either one of the following.

Notarization by foreign Notary –

After taking a printout of the PoA and the Grantor should visit the local notary in the country, state where the PoA Grantor is currently residing, and get it notarized. The local notary will check the document and identify the executant and after that, he will provide a stamp and his signature. After this process, the original PoA must be sent to Pune, Maharashtra, and should be attached with Rs. 500 stamp and get it notarized with the local notary in Pune, Maharashtra.

See the following image where only notarization is done in San Diego California USA.