Power of attorney (POA) is a legal document that hands over the power to take action of one person to another person (agent or lawyer). There are several kinds of POAs i.e. General POA, Special POA or Limited POA and Springing POA. POA is given for specific purposes only which are defined in the document. A person who is a minor by the law i.e. below 18 years cannot be issued POA. Power of Attorney for NRIs is for managing their property in India as it gets difficult for them to visit India again and again to administer their property.
There is a certain procedure for an NRI (not being present in India and holding an Indian passport) to be followed for getting a POA in India.
• As to ease the process of sharing everything with a person holding the POA, all the important points should be penned down by the NRI on a plain piece of paper in English (understandable).The phrasing needs to be done carefully and double-checked and should be issued/given only to a person who intends to person all the actions and services mentioned for you genuinely.
(in case of the NRI not being present in India the step can also be done on an A4 size sheet rather than on a legal paper)
• Attesting of POA by the Indian Embassy/concerned authority or a notary of the country they’re residing in. This step needs to be undertaken in the presence of two witnesses.
• The attested POA needs to be sent to India through a postal service (any that is available) and needs to be stamped/signed and adjudicated in within a time period of three months from the date POA was received in India.
• In case of immovable property, the person in India needs to make it valid and legal and should get it registered. (in case of general POA the Registration Act does not make it compulsory to get it registered)
Documents required:-
1. Affidavit.
2. The envelope in which the POA was mailed.
3. Photocopies of passport
4. ID proof (that includes address) of the POA holder
5. A document that mentions the relationship between the person executing the POA and person holding the POA
6. Original POA
7. Passport size photographs
8. Applicable Fee
9. The prepared POA document along with copies
10. ID proof of the witnesses
Tips
The following are some that should be kept in mind while issuing power of attorney:-
• It is advisable to give a Special Power of Attorney as it states all about what the person receiving the power can do.
• The consequences of the POA should be check and understood carefully.
• Only give the POA to someone reliable and whom you can trust upon for performing the services written in the POA.
• A POA cannot be issued for illegal services.
NRI Legal world an established legal service provider for NRIs across the globe. Our team of experienced and professional lawyers can help you in determining the ideal form of Power of Attorney for NRIs and in preparation of the required documentation. We make sure that all your legal aspects are taken care of in best possible manner.
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