Power of Attorney aka PoA enables a person to delegate his/her rights to another person for managing all the property related work. For example, a Non-Resident Indian aka NRI living in different part of the world wants to buy property in India. The sub-section 17 of the Registration Act 1908 requires both the buyer and the seller to be physically present during the time of registration and possession of the property. Many times, it becomes strenuous for the NRI buyers to visit India for property registration. In such cases, the NRI can arrange a Power of Attorney who would visit the registrar during property registration or carry out other processes on his/her behalf.
Not just the Indians residing in other countries, even the people living within the national boundaries who are unable to mark their presence at the time of registration can also make use of the PoA registration. This Power of Attorney can also be used by sick or elderly people who cannot visit the registrar personally for registration. They can assign their duties to a trusted member of their family or friend who would conduct the registration process on the other person’s behalf.
What is Power of Attorney?
Power of Attorney is rightly called a power as a person gives all the power regarding his/her property purchase to his trusted friend or family. In this case, the person actually buying the property (principal) is giving the power (right) to his friend/family/legal representative (attorney) to execute the property buying the duties while property registration on his behalf. The buyer gives all the rights to the attorney for carrying out different registry functions at sub-registrar office. The attorney needs to be a trusted person and carry his/her valid identity proof, photographs, and Aadhar Card.
The major advantage of using a Power of Attorney for property registration is that all the registration work and the property possession would be done by the attorney but it would seem that the principal aka the actual buyer is performing all these tasks. After the attorney submits the Power of Attorney document in the sub-registrar office along with valid Id proof etc., he/she becomes the legal supervisor of the entire property transaction. The condition for anyone to become a Power of Attorney is that he/she should be a citizen of India, currently residing in the country, and with possession of valid id-proofs.
How To Get Power of Attorney In India?
Whether you are living in India or are an NRI, appointing a Power of Attorney for your business is not a very difficult process. All you need is a trusted person (not a minor) who is an Indian nationality and resides in the city or region where you want to buy the property. Here is how you can get PoA rights.
- On a non-judicial stamp paper (worth INR 100) write down the PoA terms. Jot down all the powers you want to share with the attorney regarding your property.
- Visit the office of registrar aka sub-registrar of your region (if you are living in India) or get it attested by the Indian Embassy or Consulate (if you are living outside India). Take two witnesses along for confirmation of the PoA form. Take all the required documents along like valid Id proof, Aadhar Card, photographs etc., for getting the terms sealed by the authority.
- The attested deed needs to be sent to the person whom you want to make the attorney (NRIs to India and others to their friend or relative in India itself).
- Legalization and Apostilization are two different methods that NRIs can take to get their document or Power of Attorney term attested by the authority.
- The trusted person aka attorney should get the document registered from a sub-registrar in India by paying the registration fee.
After following all these steps, the person would be liable to take charge of all the procedures related to property registration on behalf of the principal or the actual buyer. Power of Attorney makes it easy for people to buy and manage their property in any part of India even if they do not live here or live in some other part of the country.