PDA

View Full Version : Power of Attorney


gautamkaushal
04-02-2012, 11:37 AM
Hello,
I'm currently working in MA, USA on H1B visa. Recently based on some family emergency i'd been advised to give Power of Attorney to another family member for the property in India under my name. Normally i understand one tries to schedule these kind of tasks during a trip to India. I was wondering if anyone has insights into how to go about doing this? Do i need to get in touch with a lawyer practising here in US? or should i be getting in touch with Indian Consulate? Any pointers shall be much appreciated.
Regards,
GK

Ko Murugesan
04-02-2012, 12:09 PM
Its three step process

1) Contact a Lawyer in India, the lawyer will prepare a power of attorney with the all the details. The person you are going to give power need to be present at that time. You can give only for buying or buying and selling, accessing bank accounts. You need to clearly mention in the deed what power you want to give to you power of attorney.

2) You will get the power of attorney document in the mail/fedex

3)You need to sign the document and sent them back.

I did this 4 years back. I believe the process is not changed yet.

Good Luck !

Ko

gautamkaushal
04-02-2012, 01:11 PM
Thanks for the quick response.
Regards,
GK

arnet
04-03-2012, 10:05 AM
1. buying with poa (power of attroney) should be fine i think, as supreme court of india recently announced that selling or transferring a title or property with poa is not allowed anymore, google it.. found one such article.

No property sale on power of attorney: Supreme Court : North News - India Today (http://indiatoday.intoday.in/story/property-sale-through-gpa-not-valid/1/154711.html)

2. also check with CPA here in US, as you will be sending money (or sent money) to buy property, you need to file fbar by june 30th every year if sent money to india to one (or more) of your accounts and those account has/had>=$10k at any time of the year. it is just a form.

read fbar, ovdp/ovdi 2012 article for more info if you failed to file fbar form for previous year so that you will have an idea that there are penalties 12.5% or 25% of principal if you failed to file fbar form within june of every yr.

DSLStart
04-03-2012, 03:33 PM
A power of attorney in India has to be also registered at Joint sub-registrar's office in your jurisdiction.

Its three step process

1) Contact a Lawyer in India, the lawyer will prepare a power of attorney with the all the details. The person you are going to give power need to be present at that time. You can give only for buying or buying and selling, accessing bank accounts. You need to clearly mention in the deed what power you want to give to you power of attorney.

2) You will get the power of attorney document in the mail/fedex

3)You need to sign the document and sent them back.

I did this 4 years back. I believe the process is not changed yet.

Good Luck !

Ko

Rb_newsletter
04-03-2012, 04:40 PM
Your article clearly says that "However, the bench said the judgment will not affect "genuine transactions" under the GPA"

1. buying with poa (power of attroney) should be fine i think, as supreme court of india recently announced that selling or transferring a title or property with poa is not allowed anymore, google it.. found one such article.

No property sale on power of attorney: Supreme Court : North News - India Today (http://indiatoday.intoday.in/story/property-sale-through-gpa-not-valid/1/154711.html)

Rb_newsletter
04-03-2012, 04:48 PM
Steps that I know.

1) Get the text for power of attorney from your Indian lawyer.

2) Get the text printed out in a plain white paper. (No stamp paper)

3) Sign it before a notary.

4) Send the notarized document to state office and get it apostiled

5) Send the apostiled doc to Indian consulate and get it attested.

Now the POA is ready for use.


Reference
CGI SF Contents (http://www.cgisf.org/contents/view/118)
Apostille Convention: the Hague Convention, to which India and USA are signatories, abolishes the requirement of legalization for Foreign Public Documents. With the certification by the Hague Convention 'Apostille', the document is entitled to recognition in India and vice versa and no certification by the Embassy/Consulates of India is required. The convention applies to public documents which have been executed in the territory of one Contracting State and which have to be produced in the territory of another Contracting State.

However in many places in India, they would easily recognize the attestation by the Indian Embassy/Consulate and hence may ask for attested copy despite the document already being apostilled. Hence, to avoid any inconvenience, if you wish to have the apostilled document also attested by the Consulate, you may apply to the Consulate.

The Consulate will attest the documents only after they have been first notarized and then apostilled by the state authorities concerned in the US. Apostilling is done at the offices of the Secretary of State where the applicant resides. For details, please check the state government’s websites. For example, residents of California may check the website California Secretary of State (http://www.sos.ca.gov).

If the Power of Attorney is on Stamp Paper, it will not be attested.


Hope this helps my friend.

gautamkaushal
04-03-2012, 05:23 PM
Hey,
This information to get apostilled is very informational. Thanks a lot for that.
Regards,
GK

Rb_newsletter
04-03-2012, 06:55 PM
Hey,
This information to get apostilled is very informational. Thanks a lot for that.
Regards,
GK
You are welcome.

Depending upon where you live, the whole process might take about 3 to 4 weeks. So plan accordingly.

1) Get the text for power of attorney from your Indian lawyer.
Approx Time to get this completed -- ~2 days

2) Get the text printed out in a plain white paper. (No stamp paper)
Approx Time to get this completed -- few hours

3) Sign it before a notary.
Approx Time to get this completed -- ~1 day

4) Send the notarized document to state office and get it apostiled
Approx Time to get this completed -- ~1 week

5) Send the apostiled doc to Indian consulate and get it attested.
Approx Time to get this completed thru mail-- ~1 week
Approx Time to get this completed if you walk in -- ~1 day

6) Send back to India.
Approx Time to get this completed -- ~1 week.

InTheMoment
05-25-2012, 05:12 PM
BTW, once the PoA has been apostilled, getting attestation from the Embassy/Consulate is a redundant and unnecessary step.

Please understand what apostille certification provides - it makes the document recognizable - as is - by those countries party to the Hague Apostille Convention.

Apostille Requirements (http://www.state.gov/m/a/auth/c16921.htm)

No need to get certifications and attestations here and there without understanding why one is doing it.

I recently apostilled a notarized power of attorney essentially to avoid multiple copies of several things, fees and other burdensome requirements from the Indian consulate and mailing it.

The apostilled document was accepted just fine in India in a rural and urban registrar's office.

vishalgupta2
05-26-2012, 01:37 PM
Just a word of caution with all this.

I did a POA in favor of my Brother-in-Law this march to sell the property on POA in Bangalore.

You have to register the POA with the subregistrar office if you want to sell the property. In Bangalore the fee for the registration with sub registrar office is 6% of the property value (unless you are doing it in favor of a blood relative in which case the fee is 200 Rs).

This fee may be different based on where you live, but you better check out what you may have to pay. I paid 90k as fee while I could have flown to / back for much less than that.

Adelle
05-31-2012, 06:55 AM
Power of Attorney is on Stamp Paper, it will not be attested then the problem.

Distributed Xstamper Stock Stamp (http://www.acornsales.com)

pmpforgc
05-31-2012, 09:07 AM
I will advise any one who is doing POA in favor of any relative in India to be super careful and extra deligant.

Some time that can hurt you in long run looking to the change in peoples mind and relations over time. I have seen such cases in the past that trusted people go against you and your family specially when you are living out of country for their own personal interest irrespective of any moral or ethical values (which hardly exist these days in India)

Making one/two short trip for India to finalize paper work/registration/buying of property may be good idea to avoid any such future issues.

So think thousand time before giving POA to any one in INDIA except your spouse.

frustratingGC
05-31-2012, 09:27 AM
Thanks for apostille information. I want to give POA to my relative to receive property document from bank(just paid loan in full), will banks accept apostiled document?

rajeshvelur
05-31-2012, 12:38 PM
Since people in India do not know about apostiled documents, what i did was - sent the apostiled document (received from the State office) to the Indian Embassy at SFO and got the their signature - and then send it to india. This helped to get the POA fast.

Thanks
Rajesh

krishmunn
05-31-2012, 12:48 PM
I will advise any one who is doing POA in favor of any relative in India to be super careful and extra deligant.

Some time that can hurt you in long run looking to the change in peoples mind and relations over time. I have seen such cases in the past that trusted people go against you and your family specially when you are living out of country for their own personal interest irrespective of any moral or ethical values (which hardly exist these days in India)

Making one/two short trip for India to finalize paper work/registration/buying of property may be good idea to avoid any such future issues.

So think thousand time before giving POA to any one in INDIA except your spouse.

I agree to your post but for banks ask for POA for loans. Did anyone have success taking a loan without POA ?

sonline
05-31-2012, 01:06 PM
See this link.

http://www..com/how-to-get-power-of-attorney-for-india

sonline
05-31-2012, 01:10 PM
I'm not sure why actual URL is truncated, shows up with.... It is path 2 usa dot com